Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
n) money counterfeiting [section 389 (1) to (3)], facilitating money counterfeiting
(section 390), counterfeiting non-cash payment instruments [section 392 (1) to (2)], abuse of
non-cash payment instruments [section 393 (1) to (2)], facilitating the counterfeiting of noncash payment instruments (section 394),
o) budget fraud causing particularly large or particularly significant pecuniary loss
committed in a criminal organisation [sections 396 (4) to (5)],
p) money laundering (section 399),
q) illegal data acquisition committed in a criminal conspiracy or regularly for generating
income [section 422 (4) b) and c)], circumvention of technical security measures protecting
information systems [section 424 (1)]
within a period of five years prior to the commencement of the criminal proceedings if such
assets or the lifestyle of the perpetrator are particularly disproportionate to the certified
income and personal circumstances of the perpetrator shall also be deemed to be assets
subject to forfeiture of assets and forfeiture of assets shall be ordered for such assets.
(3) Forfeiture of assets shall not be ordered in the cases specified in paragraphs (1) and (2) if
the perpetrator proves that the assets do not originate from a criminal offence.
Section 75 (1) Forfeiture of assets shall be ordered as determined in a sum of money
a) if the assets subject to forfeiture of assets are no longer available,
b) if the assets subject to forfeiture of assets cannot be separated from other assets, or such
separation would involve disproportionate difficulties,
c) in the case specified in section 74 (5) b).
(2) Forfeiture of assets shall also be ordered if
a) the perpetrator is not liable to punishment due to infancy, mental disorder or for any other
reason terminating liability to punishment specified by an Act,
b) the perpetrator was reprimanded,
c) it may not be enforced during the period of special protection granted by the Act on the
special protection of borrowed cultural goods.
(3) The ownership of assets subjected to forfeiture of assets shall pass to the State, unless
otherwise provided by an Act.
Section 76 For the purpose of this subtitle, assets shall be construed to mean also the
proceeds of assets, rights and claims of pecuniary value, and any advantage of pecuniary
value.
Rendering electronic data permanently inaccessible
Section 77 (1) Data published on an electronic communications network shall be rendered
permanently inaccessible if
a) making it accessible or publishing it constitutes a criminal offence,
b) it was used as a means of committing the criminal offence, or
c) it was created by way of committing a criminal offence.
(2) Rendering electronic data permanently inaccessible shall also be ordered if the
perpetrator is not liable to punishment due to infancy, mental disorder or for any other reason
terminating liability to punishment specified by an Act, or if the perpetrator was reprimanded.
Compulsory psychiatric treatment
Section 78 (1) Compulsory psychiatric treatment shall be ordered against a perpetrator of a
violent punishable act against a person, or the perpetrator of a punishable act causing public
danger, if he is not liable to punishment due to his mental disorder, and there is a risk of him
committing a similar act, provided that imprisonment for more than one year would be
imposed if he would be liable to punishment.
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Contact: eu-forditas@im.gov.hu