Challenges of criminal law in the 21st century - changes in the general part of the new hungarian criminal code

• Author: Agnes Papai Tarr
• Position: University of Debrecen, Debrecen - Hungary
• Pages: 134-137

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 134-137

134

CHALLENGES OF CRIMINAL LAW IN THE 21

ST

CENTURY –

CHANGES IN THE GENERAL PART OF THE NEW HUNGARIAN

CRIMINAL CODE

Á. Pápai-Tarr

Ágnes Pápai-Tarr

Faculty of Law, Department of Criminal Law and Criminology

University of Debrecen, Debrecen, Hungary

E-mail: papai-tarr.agnes@law.unideb.hu, ptarragnes@gmail.com,

Abstract:

The new Criminal Code (hereinafter CC) came into force in Hungary on the 1st of

July in 2013. In my study I attempt to present a selection of the significant innovations which

the legislator of the new Criminal Code kept in mind during codification.

Among them, I would like to introduce the changes to the general part of the CC, not

including changes to the penalty system.

I focused especially on the questions of the age of punishability, legal defense, and the

term of limitation of the crimes.

Keywords: new Hungarian Criminal Code, juvenil, legal defense, emergency, term of

limitation.

Introduction:

The new Criminal Code (hereinafter CC) came into force in Hungary on the 1st of

July in 2013. The previous Criminal Code (Act IV, 1978), has been altered over a hundred

times since 1979, the entry into force.

During the last three decades, the legislators have amended the Criminal Code over

ninety times (i.e. more than once every year on average) and more than ten Constitutional

Court's decisions have been applied. These changes amended, introduced, or repealed more

than 1600 provisions.

1

These numerous changes were due not only to the differing criminal

policies of the successive governments which often conflicted the previous ones, but, at the

same time, also to the technical and scientific development, and the obligation to harmonize

the law system to the EU, after Hungary’s accession.

These factors explain the urge to create a new Criminal Code in Hungary. The

legislator’s chief concern during the codification work of the Criminal Code was that it

should meet the challenges of our modern age, while respecting and following the traditions

of national criminal law.

The new Criminal Code does not break completely with the previous Criminal Code,

since, although it required changes and additions, the previous Criminal Code was also an

effective protection of our fundamental values.

In my study I attempt to present a selection of the significant innovations which the

legislator of the new Criminal Code kept in mind during codification. Among them, I would

like to introduce the changes to the general part of the CC, not including changes to the

penalty system.

The new Criminal Code, like most foreign Criminal Codes, sets out the principles of

nullum crimen sine lege and nulla poena sine lege. These principles were previously

1

Justification of Law 100, year 2012 about the Criminal Code.