Hungary
Hungary has dedicated counterterrorism legislation in its Criminal Code. There is no carve-out for the exercise of fundamental human rights but the terrorist offences are, in general, narrowly defined.
The Definition of Terrorism in Domestic Law
A terrorist act is defined in the Criminal Code as follows:
(1) A person who, for the purpose of
(a) coercing a state organ or another state or international organization to do, not to do or to tolerate something,
(b) intimidating a population,
(c) changing or interfering with the constitutional, social or economic order of another state, or interfering with the functioning of an international organization commits a violent criminal offence against a person, a criminal offence causing public danger, or a criminal offence relating to a weapon....S. 314, Criminal Code of Hungary.
Adherence to Global and Regional Terrorism Treaties
Hungary is a State Party to the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Hungary objected to the declarations by Egypt, Jordan, Lebanon, Syria, and Yemen under the 1999 Convention as being unlawful reservations.
Hungary is also a State Party to three of the European treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1977 European Convention on the Suppression of Terrorism | State Party |
| 2003 Protocol amending the European Convention on the Suppression of Terrorism | Signatory |
| 2005 Convention on the Prevention of Terrorism | State Party |
| 2015 Additional Protocol to the Convention on the Prevention of Terrorism | State Party |
In adhering to the 1977 Convention, Hungary reserved its right "to refuse the request for extradition in respect of any offences enumerated in Article 1, if the offence is considered to be political. The Republic of Hungary shall interpret its reservation in the sense that homicide or offences involving homicide shall not be considered as political offences."
Laws and Penalties for Terrorist Offences
Under the Criminal Code, a person who commits a terrorist act as defined above "is guilty of a felony and shall be punished by imprisonment for ten to twenty years or life".S. 314, Criminal Code of Hungary.
A person who enters, leaves, or travels through the territory of Hungary for the purpose of committing or facilitating the commission of a terrorist act or in order to join a terrorist group is also guilty of a felony and is subject to imprisonment for between two and eight years.S. 316(A)(1), Criminal Code of Hungary.
Failure to report a terrorist act where a person has credible knowledge that one is about to be committed is also guilty of a felony and is punishable by imprisonment for up to three years.S. 317, Criminal Code of Hungary.
Hungarian criminal law generally applies to criminal offences committed in Hungary as well as those committed by Hungarian nationals abroad.
According to a 2016 amendment, terrorism is one of the crimes for which children between the ages of 12 and 14 are liable to criminal sanction, provided that the child was able to recognize the consequences of the offence at the time of its commission.
Counterterrorism Capacities and Policies at Domestic Level
Following the terrorist attacks in Paris in November 2015, the Hungarian government re-established a Counterterrorism Committee.Government Decision 1824/2015 on the coherent implementation of counterterrorism activities, which entered into force on 20 November 2015.The Counterterrorism Centre (Terrorelhárítási Központ, TEK) is a government agency responsible for national and international counterterrorism. It has a police tactical unit to respond to terrorist incidents.
The Sixth Amendment of Hungary's Fundamental Law, which entered into force in July 2016, contains a provision entitled "State of Terror threat". According to Article 51/A, upon a proposal by the Government, the National Assembly may declare, following a two-thirds majority vote in favour, a state of terror threat authorizing the Government to introduce extraordinary measures.
Glossary
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