Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
e) for the probationary period of suspended imprisonment,
if the regular monitoring of the perpetrator is necessary for the completion of that period
successfully.
(2) A person shall be subject to probationary supervision if
a) he is released on parole from life imprisonment,
b) he is a recidivist who is released on parole or whose serving the sentence of
imprisonment is suspended,
c) he is a perpetrator specified in section 38 (5) who is released on parole pursuant to
section 38 (6),
d) he was sentenced to imprisonment for a violent criminal offence against a person that he
committed against a relative, for the probationary period of a suspended imprisonment, or
e) he was sentenced to imprisonment for a criminal offence against the freedom of sexual
life and sexual morality that he committed against a person who has not attained the age of
eighteen years, for the probationary period of a suspended imprisonment.
(3) For the purposes of paragraph (2) d), a relative shall be construed to mean also a parent
of a child, former spouse, former cohabitant, custodian, an individual under the custodianship,
guardian and an individual under the guardianship of the perpetrator.
Section 70 (1) The period of probationary supervision shall be the same as
a) the period of release on parole,
b) the probationary period of release on probation,
c) the probationary period of a suspension of imprisonment,
d) the period of conditional suspension by the prosecutor,
but not more than five years or, in the case of release on parole from life imprisonment,
fifteen years.
(2) The period of probationary supervision ordered in addition to reparation work shall last
until the obliged person provides evidence of having performed reparation work, but no
longer than one year.
(3) In the cases specified in section 69 (1), the probationary supervisor may recommend
terminating the probationary supervision after the lapse of half of the period of probationary
supervision, but at least one year if probationary supervision is no longer necessary.
Section 71 (1) As general rules of behaviour, the supervised person
a) shall comply with all rules of behaviour imposed by law or in the relevant decision,
b) shall maintain regular contact with his probationary supervisor, and
c) shall provide the probationary supervisor with all information required for his
monitoring.
(2) With a view to facilitating the achievement of the objective of probationary supervision,
the court or, for a conditional suspension by the prosecutor, the prosecution service may
impose obligations and prohibitions as special rules of behaviour in its decision. The court or
the prosecution service may order that the supervised person
a) refrain from maintaining contact with a specific person who participated in the
commission of the criminal offence,
b) stay away from the aggrieved party of the criminal offence or, having regard to their
relationship with the aggrieved party, from a relative of the aggrieved party or from another
person (for the purposes of this section hereinafter jointly “person concerned”), from the
home of the person concerned, or from another real estate, including a child welfare or child
protection institution, used as customary residence by the person concerned, from the place of
work of the person concerned, or from an institution or other place frequently visited by the
person concerned, in particular an upbringing, or upbringing-educational institution or a
healthcare institution visited for medical treatment, or a building visited for religious worship,
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Contact: eu-forditas@im.gov.hu