Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. (6) The perpetrator shall be punished under paragraph (5) if the counterfeit or counterfeited medicinal product or veterinary medicinal product, or the medicinal product or veterinary medicinal product not licensed in Hungary becomes widely available to users. (7) A person who commits preparation for counterfeiting of medicinal products as specified in paragraphs (1) to (6) is guilty of a misdemeanour and shall be punished by imprisonment for up to one year. (8) For the purpose of this section: a) unjustified quantity means a quantity that is clearly not intended for the purpose of satisfying the personal needs of a specific individual, b) a medicinal product or veterinary medicinal product not licensed in Hungary also means a product where the active medicinal substance is used in violation of the legislative provisions pertaining to the composition of that product. A medicinal product without a marketing authorisation for Hungary shall be considered a licensed medicinal product if it is subjected to an activity specified in paragraph (1) b) or d) that may be pursued in a lawful manner after obtaining an authority licence or making a notification as required by law. Counterfeiting of medical products Section 186 (1) A person who a) counterfeits a medical product or makes a counterfeit medical product, b) offers, hands over, places on the market, or trades in, a counterfeit or counterfeited medical product or a medical product not licensed in Hungary, c) imports to, exports from, or transports through the territory of the country, or acquires or keeps an unjustified quantity of a counterfeit or counterfeited medical product, d) imports to, exports from or transports through the territory of the country, or acquires or keeps an unjustified quantity of a medical product not licensed in Hungary, e) uses an original document pertaining to a medical product outside its intended use, for a commercial purpose, is guilty of a felony and shall be punished by imprisonment for up to three years. (2) In the cases specified in paragraph (1) a) and b), the punishment shall be imprisonment for a) one to five years if the criminal offence causes a permanent disability or serious degradation of health, b) two to eight years if the criminal offence causes death. (3) A person who commits the criminal offence specified in paragraph (1) a) as a healthcare worker, b) as an employee of an organisation holding a license for manufacturing, wholesale trade, or direct retail distribution, or c) in a criminal conspiracy shall be punished by imprisonment for one to five years. (4) The perpetrator shall be punished under paragraph (3) if a counterfeit or counterfeited medical product or a medical product not licensed in Hungary becomes widely available to users. (4a) A person who commits preparation for counterfeiting medical products as specified in paragraphs (1) to (4) is guilty of a misdemeanour and shall be punished by imprisonment for up to one year. (5) For the purposes of this section: a) medical product means a medical device, in vitro diagnostic medical device, and investigational medicinal product; 57 Contact: eu-forditas@im.gov.hu