Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
(3) The provision laid down in paragraph (2) shall also apply to imprisonment replacing a
community service or a financial penalty.
(4) In the cases under paragraphs (2) and (3), the probationary period may exceed five
years.
(5) If the perpetrator is sentenced multiple times to imprisonment suspended for a
probationary period, and the probationary periods for the individual sentences of
imprisonment have not yet passed then all probationary periods shall be served concurrently.
(6) Simultaneously with suspending the enforcement of a sentence of imprisonment, the
perpetrator may be subjected to probationary supervision. If the perpetrator is a recidivist, he
shall be subject to probationary supervision.
Section 87 A sentence of suspended imprisonment shall be enforced if
a) it is established during the probationary period that enforcement of the sentence was
suspended notwithstanding a ground for exclusion specified in section 86 (1),
b) the perpetrator is sentenced to imprisonment to be served for a criminal offence
committed during the probationary period, or
c) the perpetrator seriously violates the rules of behaviour of probationary supervision,
d) the perpetrator expelled under section 60 (2a) returns to Hungary during the probationary
period of his sentence of suspended imprisonment.
Section 88 The provision on enforcement of a suspended sentence shall apply accordingly
to ordering the enforcement of a sentence suspended due to a pardon.
Provisions on special, multiple and violent multiple recidivists
Section 89 (1) Regarding a special or multiple recidivist, the maximum of the penalty range
of the more recent criminal offence shall be increased by half for imprisonment, but it shall
not exceed twenty-five years.
(2) Regarding a special or multiple recidivist, punishment may be reduced
under section 82 (1) only in cases deserving special consideration.
(3) The more severe legal consequences specified in paragraph (1) shall not be applied if
committing a criminal offence as a special recidivist is to be punished as a qualified case
under the Special Part of this Act.
Section 90 (1) Section 33 (4) shall not apply to a violent multiple recidivist.
(2) Regarding a violent multiple recidivist, the maximum of the penalty range for the
criminal offence based on which the perpetrator is considered to be a violent multiple
recidivist shall be doubled for imprisonment. If the maximum of the penalty range increased
this way would exceed twenty years, or if the criminal offence may be punished also by life
imprisonment under the Act, the perpetrator shall be sentenced to life imprisonment.
(3) The punishment of a violent multiple recidivist
a) shall not be reduced under section 82 (1),
b) may be reduced without limitation if allowed by the General Part of this Act.
Provisions on commission in a criminal organisation
Section 91 (1) If a person committed an intentional criminal offence in a criminal
organisation, the maximum of the penalty range applicable to the criminal offence shall be
doubled, but it shall not exceed twenty-five years.
(2) If a person committed the criminal offence in a criminal organisation, a ban on entering
certain areas may also be applied.
(3) If it is established that the criminal offence was committed in a criminal organisation,
the legal consequences specified in this Act regarding the commission of a criminal offence in
a criminal conspiracy shall not apply.
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Contact: eu-forditas@im.gov.hu