Criminal politics: changes in the system of penalties through the new hungarian criminal code

• Author: Ferenc Sipos
• Position: University of Debrecen - Hungary
• Pages: 211-214

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

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

No. 4 (2013), pp. 211-214

211

CRIMINAL POLITICS: CHANGES IN THE SYSTEM OF PENALTIES

THROUGH THE NEW HUNGARIAN CRIMINAL CODE

F. Sipos

Ferenc Sipos

Faculty of Law and Political sciences

Department of Criminal Law and Criminology

University of Debrecen, Debrecen, Hungary

*Correspondence: Debreceni Egyetem Állam- és Jogtudományi Kar, 4010 Debrecen, Pf.: 81.

E-mail: siposft@gmail.com

Abstract

The new Hungarian Criminal Code came into force just recently. This paper is

analysing the trichotomical system of sanctions enlisting the most important penalties of the

Criminal Code and highlighting on their possible effects and expectations towards a new

penal policy.

Keywords: Hungarian Criminal Code, penal policy, system of penalties, measures,

punishments, sanctions.

Introduction

In this paper I attempt to give an overall view of the Hungarian system of punishments

and to describe recent changes in the penal policy. It is interesting to examine and compare

the similarities and differences between the Hungarian and the Romanian system of penalties.

Both countries are members of the European Union, so the same international legal

background offers the framework for the construction of the fundamental principles of

criminal law. Such documents are the two most prominent ones, namely the International

Covenant on Civil and Political Rights and the European Convention of Human Rights and in

general any requirements arising from the EU membership.

On July 1, 2013, a new Criminal Code came into force. An analysis of this Criminal

Code shows the directions of penal policy which are valid not only in Hungary. Writing this

article I used the justification for Law number 100 / year 2012 as a source.

The Hungarian system of punishment is traditionally dualistic, which means that it

allows the use of punishments and measures simultaneously. The system of sanctions can be

characterized by a trichotomy, including penalties, only one attainder, and measures. Penalties

can only be applied when the culpability is declared. A common feature of these measures is

that for their application it is sufficient to establish the unlawful conduct, so they can be used

even against a person who can not be punished. An essential aspect of the actions is that, in

contrast to penalties, their application never results in a criminal record.

Changes in penalties have two directions in the new Criminal Code. On the one hand,

there is an aggravation in the increase of the lower and upper limits of imprisonment, in the

increase of the duration of community service, etc. On the other hand, new and more lenient

sanctions appear such as prohibition from visiting sports events, “digital confiscation”, or

permanent inaccessibility of electronic data, and reparation work. Criminal policy runs on a

dual gauge in Hungary. On the one hand it can be characterized by a rigor against perpetrators

of outstanding fixed-weight crime, recidivists, and violent multiple recidivist offenders, and

the evaluation of multiple sets also became more stringent as well, as a result of the recent

changes. In the cases of perpetrators of low-weight crimes, first offenders, and occasional