Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. may be imposed instead. (3) In the case specified in paragraph (2) d), imprisonment may be replaced by confinement, community service or financial penalty, or any combination of these penalties may be imposed. (4) In the case of an attempt or abetting, if even the punishment applicable under paragraph (2) would be excessive, punishment may be imposed by applying the subsequent point of paragraph (2). (5) If a reduction without limitation is permitted by this Act, the lowest level of any type of penalty may be imposed as well. Sentencing in the case of plea agreement Section 83 (1) After the approval of a plea agreement in the proceedings specified under Chapter XCIX of the Act XC of 2017 on the Code of Criminal Procedure (hereinafter “plea agreement”), the minimum of the more lenient penalty ranges specified in section 82 (2) shall be taken as reference for sentencing. (2) If plea agreement is approved for a defendant who, contributing to substantiating the case or another criminal case, has cooperated significantly with the prosecution service or the investigating authority, punishment may be imposed also by applying the subsequent point of section 82 (2). (3) Section 84 Suspension of the enforcement of a sentence of imprisonment Section 85 (1) The enforcement of a sentence of imprisonment of not more than two years may be suspended for a probationary period if, with special regard to the personal circumstances of the perpetrator, there is reasonable ground to believe that the objective of punishment can be achieved even without enforcing it. (1a) For the illegal crossing of the border fence (section 352/A of the Btk.), vandalisation of the border fence (section 352/B of the Btk.), or obstructing construction works related to the border fence (section 352/C of the Btk.), the enforcement of a sentence of imprisonment of not more than five years may be suspended for a probationary period. (2) Unless otherwise provided in this Act, the probationary period shall not be shorter than one year or longer than five years, but it shall not be shorter than the term of the imprisonment imposed. The probationary period shall be determined in years, or in years and months. (2a) For the illegal crossing of the border fence (section 352/A of the Btk.), vandalisation of the border fence (section 352/B of the Btk.), and obstructing construction works related to the border fence (section 352/C of the Btk.), the probationary period shall not be shorter than two years or longer than ten years, but it shall not be shorter than the period of expulsion imposed for committing the criminal offence concerned. Section 86 (1) The enforcement of a sentence of imprisonment shall not be suspended if the convict a) is a multiple recidivist, b) committed the criminal offence in a criminal organisation, or c) committed an intentional criminal offence before enforcement of the sentence of imprisonment was completed or during a probationary period of suspended imprisonment. (2) If the perpetrator is subject to the enforcement of a sentence of imprisonment, due to which the enforcement of his sentence of suspended imprisonment may not be ordered, the probationary period shall be extended by the time of imprisonment. 26 Contact: eu-forditas@im.gov.hu