Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Hungary

Hungary - Criminal Code 1978 (2012) EN

GENERAL PART
CHAPTER VII
PENALTIES

Custodial Arrest

Section 46
(1) The duration of custodial arrest shall be determined in days. The minimum and the maximum duration of custodial arrest shall be five days and ninety days, respectively.
(2) Custodial arrest shall be carried out in a penal institution.

SPECIAL PART
CHAPTER XXVIII
MALFEASANCE IN OFFICE

Unlawful Detention

Section 304
(1) Any public official who unlawfully deprives another person of his personal freedom is guilty of a felony punishable by imprisonment between one to five years.
(2) The penalty shall be imprisonment between two to eight years, if the unlawful detention is committed:
a) with malice aforethought or with malicious motive;
b) by tormenting the aggrieved party;
c) having caused a particularly serious result.

Hungary - Fundamental Law 2011 (2019) EN

FREEDOM AND RESPONSIBILITY

ARC. article
(2) No one shall be deprived of his liberty save on such grounds or in accordance with a procedure prescribed by law. Imprisonment for Life imprisonment can only be imposed for the commission of an intentional, violent crime.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.