Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
Responsibility of a military or official superior
Section 145 The following persons shall be subject to the same penalty as the perpetrator of
a criminal offence specified in this Chapter:
a) a military superior or another person effectively acting as a military superior (for the
purposes of this section hereinafter jointly “military superior”), if a person under his effective
command and control or effective authority and control commits a criminal offence specified
in this Chapter, and the military superior knew or, owing to the circumstances at the time,
should have known of the commission of or preparation for the criminal offence, but he failed
to take the measures within his power to prevent the criminal offence or he failed to report a
criminal offence immediately after becoming aware of its commission;
b) an executive or foreign public officer not falling under the scope of point a) (for the
purposes of this section hereinafter jointly “official superior”), if a person under his effective
authority and control (for the purposes of this section hereinafter “subordinate”) commits a
criminal offence specified in this Chapter as a result of his failure to exercise proper control, if
ba) he knew or consciously disregarded information which clearly indicated that his
subordinate committed or prepared for such a criminal offence,
bb) the criminal offence concerns an activity within his effective responsibility and control,
and
bc) he failed to take all necessary and reasonable measures within his power to prevent the
commission of the criminal offence or he failed to report the criminal offence immediately
after becoming aware of its commission.
CHAPTER XIV
WAR CRIMES
Illegal recruitment
Section 146 (1) A person who, within the territory of Hungary, recruits into a foreign armed
organisation other than an allied armed force for military service or for other service of
military interest or acts as an agent for enrolling applicants for such service is guilty of a
felony and shall be punished by imprisonment for one to five years.
(2) A Hungarian citizen who voluntarily joins or offers to join a foreign armed organisation
engaged in an international or non-international armed conflict other than an allied armed
force, or participates in training by such an armed organisation, shall be punished under
paragraph (1).
(3) If a person recruited within or enrolled from the territory of Hungary for military service
in a foreign armed organisation or other service of military interest has not attained the age of
eighteen years, the recruiter or agent shall be punished by imprisonment for two to eight
years.
Breach of armistice
Section 147 (1) A person who breaches the terms of an armistice is guilty of a felony and
shall be punished by imprisonment for one to five years.
(2) The punishment shall be imprisonment for five to ten years if the breach of armistice
results in particularly serious consequences.
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