Nullum crimen sine lege

Hungary

Hungary - Criminal Code 1978 (2012) EN

GENERAL PART
CHAPTER I
BASIC PROVISIONS

Principle of Legality

Section 1
(1) Criminal liability may be established only in connection with a conduct that a legal instrument requires to be criminalized at the time when committed, with the exception of acts which are punishable under universally acknowledged rules of international law.

GENERAL PART
CHAPTER I
BASIC PROVISIONS

Principle of Legality

Section 1
(2) A penalty or measure may not be imposed for a criminal offense that was not criminalized by legal instrument at the time when committed, or - in the case provided for in Subsection (2) of Section 2 - at the time when adjudicated.

Hungary - Fundamental Law 2011 (2019) EN

FREEDOM AND RESPONSIBILITY

XXVIII. article
(2) No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national and international law.

FREEDOM AND RESPONSIBILITY

XXVIII. article
(4) No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed.
5. Paragraph 4 shall not preclude the prosecution and conviction of any person for an act which, at the time when it was committed, was criminal according to the generally recognized rules of international law.
(6) Except in exceptional cases specified by law, no one may be prosecuted or convicted of a criminal offense for which he or she has already been finally acquitted or convicted in accordance with the law in Hungary or, within the scope of an international treaty or an act of the European Union. .

Rome Statute

Article 22 Nullum crimen sine lege

1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.