'National penalties - maximum penalty' in document 'Hungary - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART
Aim of the Criminal Code

Chapter IV
Punishments and Measures

Title I
Punishments

Imprisonment

Section 40

(1) The imprisonment may be a life imprisonment or an imprisonment lasting for a definite period of time.

(2) The shortest and the longest duration of a sentence for a specific term of imprisonment shall be two months and fifteen years, respectively ; or twenty years in respect of cumulative or consolidated sentences and for crimes committed in affiliation with organized crime.

(3) Only persons over the age of twenty at the time of commission of the criminal act shall be sentenced to life imprisonment.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title I
Crimes Against Peace

Incitement for War

Section 153

(1) The person who incites for war or otherwise displays war propaganda, commits a felony and shall be punishable with imprisonment from two years to eight years.

(2) The punishment shall be imprisonment from five years to fifteen years, if the crime is committed before a great publicity.

(3) The person who commits preparation for incitement for war, shall be punishable for a felony with imprisonment of up to three years.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title I
Crimes Against Peace

Genocide

Section 155

(1) The person who - with the aim of the total or partial extermination of a national, ethnic, racial or religious group -

commits a felony and shall be punishable with imprisonment from ten to fifteen years or life imprisonment.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title I
Crimes Against Peace

Genocide

Section 155

(2) The person who commits preparation for genocide, shall be punishable for a felony with imprisonment from two years to eight years.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title I
Crimes Against Peace

Apartheid

Section 157

(1) The person who - with the aim of the obtention and maintenance of domination by one racial group of people over another racial group of people and/or with the aim of the regular oppression of the other racial group -

commits a felony and shall be punishable with imprisonment from ten to fifteen years or life imprisonment.

(2) The person who commits another crime of apartheid, shall be punishable for a felony from five to ten years.

(3) The punishment shall be imprisonment from ten to fifteen years or life imprisonment, if the criminal act of apartheid described in subsection (2) has given rise to serious consequences.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

Violence Against the Civilian Population

Section 158

(1) The person who applies violence in an operational or occupied area against a civilian person or prisoner of war, displays inhuman treatment or otherwise gravely abuses his power, - unless a graver crime is realized - commits a felony and shall be punishable with imprisonment from five years to ten years.

(2) The punishment shall be imprisonment from ten years to fifteen years or life imprisonment, if the crime defined in subsection (1) causes death.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

War-time Looting

Section 159

(1) and shall be punishable with imprisonment from two years to eight years.

(2) The punishment shall be imprisonment from five years to ten years, if the crime is committed in an armed manner or in a group.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

Sinful Warfare

Section 160

A military commander who, violating the rules of the international law of warfare

a) pursues war operation which causes serious damage in the life, health or goods of the civilian population, in internationally protected cultural goods, in facilities containing dangerous forces,
b) takes offensive against a locality without defence or a weapon-free zone,

commits a felony and shall be punishable with imprisonment from ten years to fifteen years, or life imprisonment.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

Use of Weapons Prohibited by International Treaty

Section 160/A

(1) Any person who uses or orders the use of a weapon or instrument of war prohibited by international treaty in a theater of military operation or in an occupied territory against the enemy, civilians or prisoners of war commits a felony offense and
shall be punishable with imprisonment between ten to fifteen years or life imprisonment.

(2) Any person who makes preparations for the use of a weapon prohibited by international treaty commits a felony offense and
shall be punishable with imprisonment of up to five years.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

Battlefield Looting

Section 161

The person who loots the fallen, injured or sick people on the battlefield, commits a felony and shall be punishable with imprisonment from two years to eight years.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

Infringement of Armistice

Section 162

(1) The person who infringes the conditions of armistice, commits a felony, and shall be punishable with imprisonment from one year to five years.

(2) The punishment shall be imprisonment from five years to ten years, if the infringement of the armistice leads to especially grave consequences.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

Misuse of the Red Cross

Section 164

That who in war-time misuses the sign of the red cross (red crescent, red lion and sun) or other signs serving a similar purpose and recognized internationally, or commits a violent act against a person or thing under the protection thereof, shall be punishable for a felony with imprisonment from one year to five years.

SPECIAL PART

Chapter XV
Crimes Against the Purity of State Administration, the Administration of Justice and Public Life

Title VI
Crimes Against the Administration of Justice

Giving False Evidence
Section 238

(4) The punishment of giving false evidence committed in a criminal case shall be - for a felony - imprisonment of up to five years. If giving false evidence concerns a crime for which life imprisonment may also be inflicted, the punishment shall be imprisonment from two years to eight years.

SPECIAL PART

Chapter XV
Crimes Against the Purity of State Administration, the Administration of Justice and Public Life

Title VI
Crimes Against the Administration of Justice

Giving False Evidence
Section 238

(6) The person who commits giving false evidence by negligence shall be punishable for a misdemeanour with imprisonment of up to one year, labour in the public interest, or fine.

SPECIAL PART

Chapter XV
Crimes Against the Purity of State Administration, the Administration of Justice and Public Life

Title VI
Crimes Against the Administration of Justice

Subornation to Giving False Evidence

Section 242

The person who strives to persuade another person to give false evidence in criminal or civil proceedings, commits a misdemeanour, and shall be punishable with imprisonment of up to two years,

(1) Any person who attempts to persuade another person to give false testimony in a criminal case is guilty of a felony punishable by imprisonment not to exceed three years, or if committed in a civil proceeding the perpetrator is guilty of misdemeanor punishable by imprisonment not to exceed two years.
(2) Any person committing subornation of perjury in a disciplinary, infraction or arbitration case or any other judicial proceeding shall be punished by imprisonment not to exceed one year, work in community service or a fine.

SPECIAL PART

Chapter XV
Crimes Against the Purity of State Administration, the Administration of Justice and Public Life

Title VI
Crimes Against the Administration of Justice

Obstruction of Justice

Section 242/A

(1) Any person who attempts by force or threat of force to prevent another person in the free exercise of his lawful rights in a court or other judicial proceeding, or induces him to neglect his duties is guilty of obstruction of justice.

(2) When obstruction of justice is committed in connection with a criminal case, it is punishable by imprisonment not exceeding five years ; if the criminal case involves a crime that carries a life sentence, the punishment shall be imprisonment between two to eight years.

(3) When obstruction of justice is committed in connection with a civil case or with a disciplinary, infraction or arbitration case or any other judicial proceeding, the punishment shall be imprisonment not exceeding three years, and if the subject matter of the case involves substantial value or some other great interest, the punishment shall be imprisonment not exceeding five years.