'National penalties - life imprisonment' 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.

GENERAL PART
Aim of the Criminal Code

Chapter IV
Punishments and Measures

Title I
Punishments

Parole

Section 47/A

(1) In the event that a sentence of life imprisonment is imposed, the verdict shall establish the earliest date of eligibility for parole, or shall preclude any eligibility for parole.

(2) If the court has not precluded eligibility for parole, the earliest date of release on parole shall be after serving a term of twenty years, or at least a term of thirty years if the life imprisonment was imposed for a criminal act that is punishable without a statute of limitation.

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

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.

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

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.