Domestic application of international law
Hungary
Domestic Legislation | Resources and Links
Crimes Crime of Aggression
No provision.
Crimes Against Humanity
Crimes against Humanity are provided for under Chapter XIII (Crimes against Humanity), Section 143 (Crimes Against Humanity), of the Special Part of the Criminal Code of Hungary of 2012. Sections 44 (about release on parole from life imprisonment), 333 (about open denial of Nazi crimes and Communist crimes) and 459.26 (about definitions) are also applicable to crimes against humanity. Section 144 defines the crime of apartheid and includes this crime within the Chapter devoted to crimes against humanity. See:
Criminal Code of Hungary. Act C of 2012. [ENG] Genocide
Genocide is provided for under Chapter XIII (Crimes against Humanity), Section 142 (Genocide), of the Special Part of the Criminal Code of Hungary of 2012. Sections 44 (about release on parole from life imprisonment), 160 (6) a), 333 (about open denial of Nazi crimes and Communist crimes) and 459.26 (about definitions) are also applicable to genocide. See: Book First of the Criminal Code of Malta, Part II (Of Crimes and Punishments), Title I (Of genocide, Crimes Against Humanity, War Crimes and Crimes of Aggression), Articles 54A and 54B (Genocide added by: XXIV. 2002.13.). See:
Criminal Code of Hungary. Act C of 2012. [ENG] * * *
The Criminal Responsibility of Superior Officers and Public Executives for the commission of crimes against humanity and genocide is contained in Section 145 of the Criminal Code of Hungary. See:
Criminal Code of Hungary. Act C of 2012. [ENG] War Crimes
War crimes are provided for under Chapter XIV (War Crimes), Sections 146 to 158, of the Special Part of the Criminal Code of Hungary of 2012. Chapter XLV is devoted to Military Offenses (Sections 434 to 460). Sections 44 (about release on parole from life imprisonment) and 459.26 (about definitions) are also applicable to war crimes.
The Criminal Responsibility of Superior Officers and Public Executives for the commission of war crimes is contained in Section 159 of the Criminal Code of Hungary. See:
Criminal Code of Hungary. Act C of 2012. [ENG]
Jurisdiction and Statutes of Limitations
Jurisdiction:
Chapter II (Jurisdiction in Criminal Matters), Section 2 (Temporal Scope) (3) of the Criminal Code of Hungary provides the following:"(3) The new criminal law shall apply with retroactive effect in connection with acts which are punishable under universally acknowledged rules of international law, if such acts did not constitute a criminal offense under Hungarian criminal law at the time when they were committed."
Chapter II (Jurisdiction in Criminal Matters), Section 3 (Territorial and Personal Scope) of the Criminal Code of Hungary provides the following:"(1) Hungarian criminal law shall apply:
Statutes of Limitations:a) to criminal offenses committed in Hungary;
(2) Hungarian criminal law shall, furthermore, apply:
b) to criminal offenses committed on commercial ships or watercraft sailing, or aircraft flying under Hungarian flag outside the territory of Hungary;
c) to any act of Hungarian citizens committed abroad, which are criminalized in accordance with Hungarian law.a) to any act committed by non-Hungarian citizens abroad, if:
(3) In the cases described in Subsection (2) criminal proceedings are opened by order of the Prosecutor General."aa) it is punishable as a criminal offense under Hungarian law and in accordance with the laws of the country where committed,
b) to any act committed by non-Hungarian citizens abroad against a Hungarian national or against a legal person or unincorporated business association established under Hungarian law, which are punishable under Hungarian law.
ab) it is recognized as an offense against the State, excluding espionage against allied armed forces, regardless of whether or not it is punishable in accordance with the law of the country where committed,
ac) it constitutes a criminal act under Chapter XIII or XIV, or any other criminal offenses which are to be prosecuted under international treaty ratified by an act of Parliament;
According to Chapter V (Grounds for Exemption from Criminal Responsibility), Section 26 (Statutes of Limitations), of the Criminal Code of Hungary:(3) No statute of limitations applies to the crimes defined in Chapters XIII (Crimes against Humanity) and XIV [(War Crimes), and to crimes which carry a maximum sentence of life imprisonment."
* * * Criminal Code of Hungary. Act C of 2012. [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: Hungary signed the Rome Statute of the International Criminal Court on 15 January 1999 and deposited its instrument of ratification on 30 November 2001.
Upon ratification Hungary made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:"... the Government of the Republic of Hungary makes the following declaration in relation to Article 87 of the Statute of the International Criminal Court (Rome, 17 July 1998):
Requests of the Court for cooperation shall be transmitted to the Government of the Republic of Hungary through diplomatic channel. These requests for cooperation and any documents supporting the request shall be made in English.
Ad-Hoc Tribunals (ICTY and ICTR) Act XXXIX of 1996 on the fulfilment of obligations deriving from the Statute of the International Tribunal established for punishing the serious violations of international humanitarian law committed in the territory of the former Yugoslavia.
The Fundamental Law of Hungary. 25 April 2011
(Translation of the consolidated version of the Fundamental Law up to 01 October 2013). Website of the Hungarian Government. [ENG]. [Last accessed 16Nov17]. [External Link to pdf document]
National Legislative Database: Nemzeti Jogszabálytár.
Magyar Közlöny Lap- és Könyvkiadó Kft. (Publications Office for Hungary). [HUN]. [Last accessed 16Nov17]. [External Link]
List of International Humanitarian Law Treaties to which Hungary is a State party. [ENG]
(International Committee of the Red Cross). [ENG]. [Last accessed 16Nov17]. [External Link]