Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. The unity of expungement Section 103 If a secondary penalty is imposed, the convict shall not be relieved of the adverse legal consequences of having been convicted as long as enforcement of the secondary penalty is not completed or its enforceability does not cease. Expungement by pardon Section 104 (1) A convict may be granted expungement by pardon by the person vested with the power to grant pardons even if an expungement may not be granted under this Act. (2) The person granted expungement by pardon shall be considered a person without a criminal record with regard to any adverse legal consequence beyond criminal law. CHAPTER XI PROVISIONS ON JUVENILES Fundamental provisions Section 105 (1) Those who have attained the age of twelve years but have not attained the age of eighteen years when committing the criminal offence shall qualify as juveniles. (2) The provisions of this Act shall apply to juveniles with the derogations specified in this Chapter. Section 106 (1) The primary objective of a penalty imposed on or a measure applied to a juvenile shall be to assist the juvenile concerned to develop in the appropriate direction and become a useful member of society; for this reason, the education and protection of the juvenile concerned shall be taken into account when deciding on the measure or penalty. (2) A penalty shall be imposed on a juvenile if the application of a measure would not achieve its objective. Those who have not attained the age of fourteen years when committing the criminal offence shall only be subject to measures. (3) A juvenile shall only be subject to a custodial measure or custodial penalty if the objective of the measure or penalty cannot be achieved by other means. Active repentance Section 107 If the perpetrator is a juvenile, active repentance may also be permitted if a misdemeanour specified in section 29 (1) or a felony punishable by not more than five years of imprisonment was committed. Penalties and measures Section 108 (1) A juvenile may also be subject to a measure of special education in a juvenile correctional institution. (2) Imprisonment, confinement, or community service shall not be applied in addition to special education in a juvenile correctional institution. Imprisonment Section 109 (1) The shortest term of a sentence of imprisonment imposed on a juvenile shall be one month, regardless of the criminal offence. (2) If the juvenile has not attained the age of sixteen years when committing the criminal offence, he shall not be subject to a sentence of imprisonment exceeding a) ten years for a criminal offence punishable also by life imprisonment, b) five years for a criminal offence punishable by imprisonment of more than five years. 32 Contact: eu-forditas@im.gov.hu