Enforcement of sentences of imprisonment

Hungary

Hungary - Criminal Code 1978 (2005) EN

GENERAL PART
Aim of the Criminal Code

Chapter IV
Punishments and Measures

Title I
Punishments

Imprisonment

Section 41

(1) The imprisonment shall be executed in an institution for the execution of punishments, in the degrees of high security prison, prison or detention centre.

(2) The order of the execution of imprisonment, as well as the obligations and rights of the convicts are defined in a special legal rule.

(3) During the execution of imprisonment, those citizens’ rights and obligations of the convict which are contrary to the aim of the punishment, thus particularly those which are also covered by the prohibition from public affairs, shall be suspended.

Section 42

(1) Life imprisonment shall be executed in a high security prison.

(2) Imprisonment of the duration of three years or of a longer period shall also be executed in a high security prison, if it has been inflicted for

a) a crime against the state or against humanity (Chapters X and XI),

b) 1. an act of terrorism (Section 261), seizure of aircraft, any means of railway, water or road transport or any means of freight transport (Section 262), criminal misuse of explosives and blasting-agents (Section 263), criminal misuse of firearms and ammunition [Subsections (1)-(3) of Section 263/A], arms smuggling (Section 263/B), partnership in a criminal organization (Section 263/C), criminal misuse of weapons prohibited by international treaty (Section 264/C,
2. homicide, kidnapping, trafficking in human beings, rape, sexual assault, sodomy, public endangerment, breach of obligation under international law and aggravated cases of robbery [Subsection (2) of Section 166, Subsections (2)-(4) of Section 175/A, Subsections (3)-(5) of Section 175/B, Subsections (2)-(3) of Section 197, Subsections (2)-(3) of Section 198, Subsections (2)-(3) of Section 200, Subsections (2)-(3) of Section 259, Subsection (3) of Section 261/A, Subsections (3)-(4) of Section 321],
3. aggravated cases of criminal misuse of narcotic drugs [Subsection (2) of Section 282, Subsections (2) and (3) of Section 282/A, Subsections (2) and (3) of Section 282/B],

c) military crimes also punishable with life imprisonment (Chapter XX).

(3) Any term of imprisonment for two years or longer shall be served in a penitentiary if the convict is a multiple recidivist or if sentenced for crimes committed in affiliation with organized crime. This provision may not be applied to repeat offenders.

GENERAL PART
Aim of the Criminal Code

Chapter IV
Punishments and Measures

Title I
Punishments

Parole

Section 47/A

(1) In the event that a sentence of life imprisonment is imposed, the verdict shall establish the earliest date of eligibility for parole, or shall preclude any eligibility for parole.

(2) If the court has not precluded eligibility for parole, the earliest date of release on parole shall be after serving a term of twenty years, or at least a term of thirty years if the life imprisonment was imposed for a criminal act that is punishable without a statute of limitation.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.

2.

(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 105 Enforcement of the sentence

1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.