After more than thirty years and more than one hundred amendments, a new Criminal Code will come into force in Hungary in July 2013. Parliament adopted the Code last July and this week Parliament begins debate on related transitional provisions and further necessary amendments. In addition to a number of technical amendments, the proposal contains elements taken from international practice – for example those related to crimes against children and the more effective prevention of terrorist acts.

An example of an element taken from international practice is that a victim of a sex crime will be informed by the authorities if and when the perpetrator of the crime is released from custody.

Another proposed amendment following EU guidelines is the possibility of permanent or temporary blocking of certain electronic data related to criminal activity. This guarantees a more effective response to criminal acts on the internet, for example child pornography. A court will be entitled to take emergency action if a criminal offence is suspected to have occurred. The court will first order the relevant web hosting service to remove the data within one working day, though in a way which enables its retrieval. Blocking can be ordered if the hosting service does not comply with the removal order, or if there is a conflict of jurisdiction (if the service is located abroad, for example), and preventing Hungarians users’ access to the content can be justified. This will apply to some specific categories of crime: child pornography, crimes against the state and terrorist acts.

The proposal places greater emphasis than at present on respect for family during the administration of justice. It states that such relations are an element of human dignity and may only be restricted when there is a higher order imperative, such as public safety. For this reason, a convicted person may be granted leave or their sentence may be interrupted in order to visit a gravely ill family member or attend a funeral.

Proceedings against legal persons – for example companies – are at present difficult to pursue, and are therefore rare. Several amendments in the proposal address this deficiency in accordance with international standards.

The new Criminal Code was adopted by Parliament on 25 June 2012 and will come into force on 1 July 2013. The current Criminal Code dates from 1978, and over the decades has been amended more than one hundred times – according to the varied criminal law policies of successive governments – resulting in a number of contradictory passages which have seriously weakened its unity. This situation could only be remedied by creation of a new code; before being debated in Parliament this was formulated with broad-ranging public and professional consultations –  the latter involving the National Judicial Office, the Chief Prosecutor’s Office, the Curia (Supreme Court) and the Hungarian Bar Association. In the course of this process several hundred recommendations and comments were received. The new code also addresses forms of criminality which have emerged over the last thirty years since the creation of the current code. The aim of new criminal regulations is to create effective, simple, modern and strict rules for the perpetrators and victims of crime, and for the justice system. The basic principle of sentencing is that it be just, proportionate and consistent. The new code provides the opportunity for tougher penalties than the previous one did, and clearly stands on the side of victims and law-abiding citizens, significantly extending the right to self-defence and greatly contributing to the security and safety of families, individuals and property.

(Ministry of Public Administration and Justice)