Statute of limitations - national proceedings

Hungary

Hungary - Criminal Code 1978 (2012) EN

GENERAL PART
CHAPTER V
GROUNDS FOR EXEMPTION FROM CRIMINAL RESPONSIBILITY

Statutes of Limitations

Section 26
(1) Save where Subsections (2)-(3) apply, and unless otherwise provided for by the Act on the Exclusion of Statutes of Limitation for Certain Crimes, prosecution is barred upon the lapse of time equal to the maximum penalty prescribed, or after not less than five years.
(2) In connection with voluntary manslaughter, intentional grievous bodily injury punishable by imprisonment of more than three years, kidnapping, trafficking in human beings, illegal restraint, including criminal offense against sexual freedom and sexual offenses - if at the time when the crime was committed the victim is under the age of eighteen years, and prosecution of the crime is statute barred before the perpetrator’s twenty-third birthday - the limitation period is extended until the time the victim reaches the age twenty-three years, or until the time that such person would have reached the age of twenty-three years.
(3) No statute of limitations applies to the crimes defined in Chapters XIII and XIV, and to crimes which carry a maximum sentence of life imprisonment.
Section 27
The first day of the period of limitation is:
a) in case of a completed criminal act, the day when the crime is actually committed;
b) in case of attempt and preparation, the day when the act resulting in consequence is carried
out;
c) in case of an act that is considered a criminal offense only if relates to a breach of duty, the last day that of which the perpetrator has to discharge his duty without the consequences set out in this Act;
d) in case of criminal offenses which manifests in the maintenance of an infringement, on the day when the infringement ceases to exist.
Section 28
(1) The statute of limitation shall be interrupted by any action of the court, the public prosecutor, the investigating authorities, or - in international cases - by the minister in charge of the judicial system or the competent foreign authority taken against the perpetrator in connection with the crime. The period of limitation shall restart on the day of the interruption.
(2) If the criminal proceedings are suspended, the period of suspension shall not be included in the period of limitation. This provision shall not apply where criminal proceedings are suspended if the investigation failed to turn up evidence as to the perpetrator’s identity, and if the perpetrator cannot be located or has become mentally ill.
(3) When a criminal proceeding is postponed or suspended on the grounds of exemption stemming from holding a public office, and by virtue of the fact that the immunity granted by law was not suspended by the body having powers to do so, the period of time of such delay shall not be included in the period of limitation. This provision shall not apply to criminal cases under private prosecution, where the case is presented by the private prosecutor.
(4) The period of deferral of prosecution, in the case of a conditional sentence, the period of probation and the period of work performed in reparation shall not be included in the period of limitation.

Hungary - Criminal Procedure Code 1998 (2017)

The fine

§ 127. (1) In order to maintain the order of the procedure and due to the violation of the procedural obligations, a fine may be imposed in the cases specified in this Act.

(2) The amount of the fine

a) in the case of a fine imposed on a non-natural person from twenty thousand forints to one million to five hundred thousand forints,

b) in the case of a fine imposed on a lawyer, legal representative, interpreter or expert, expert body or body, from twenty thousand forints to one million forints,

c) in other cases from five thousand forints to one million forints

can spread.

3. In fixing the amount of the fine, regard shall be had to the gravity and consequences of the conduct giving rise to it, and in particular to its contribution to the length of the criminal proceedings and to their recurrent nature.

(4) If the conduct giving rise to the imposition of a fine has resulted in a prolongation of the criminal proceedings lasting more than one month, the fine shall be imposed.

(5) A fine may be imposed by a court, prosecutor's office or investigative authority.

(6) The enforceability of a fine shall lapse if one year has elapsed from the date on which the decision imposing the fine,

(a) the non - decision has become final; or

(b) the time-limit for lodging a complaint against a decision of the public prosecutor's office or the investigating authority has expired, without the lodging of a complaint, or the time-limit for lodging a complaint has been examined by the public prosecutor's office without repealing the order imposing a fine.

(7) The limitation period shall not include the period of deferral or installment payment for the payment of the fine.

(8) The limitation period shall be interrupted by any measure taken to enforce an unpaid fine. On the day of the interruption, the limitation period shall begin again.

(9) There shall be no place for the enforcement of a fine if two years have elapsed from the date specified in subsection (6).

§ 128. (1) An appeal lodged against the imposition of a fine shall have suspensory effect.

(2) With the exception of a fine imposed pursuant to Section 18 (2) and Section 28 (5), the court shall change the penalty imposed on a natural person to imprisonment if it is not paid.

(3) In the event of a change of the fine to foreclosure, a daily foreclosure shall be calculated instead of five thousand forints. Detention in lieu of a fine may not exceed one hundred days. The person concerned must be warned of this in the decision imposing the fine.

(4) There is no appeal against a decision to convert a fine into a confinement.

(5) The investigating judge and then the court shall decide on the change of the fine imposed by the prosecutor's office and the investigating authority before the indictment.

(6) In order to enforce a fine and a block substitute in lieu of a fine, the court in whose proceedings it becomes final shall take action. In order to enforce a fine imposed by the public prosecutor's office or the investigating authority, the public prosecutor's office or the investigating authority which imposed the fine shall take action.

Hungary - Fundamental Law 2011 (2019) EN

BASIC
(U) Article

(6) The criminal offenses of Serious crimes against Hungary or persons committed in the name, on behalf of or with the consent of the party state in the communist dictatorship, which were not prosecuted for political reasons in disregard of the criminal law in force at the time of the commission, shall not be considered time-barred.
(7) The criminal offense under subsection (6) shall expire after the expiry of the period from the date of entry into force of the Basic Law under the criminal law in force at the time of the offense, provided that the statute of limitations expires on 1 May 1990.
(8) The criminal offense of an offense under subsection (6) shall lapse after the period between the date of commission and 1 May 1990, the date of entry into force of the Basic Law, provided that the statute of limitations is 2 May 1990. would have taken place between 31 December 2011 and 31 December 2011 and the perpetrator was not prosecuted for the offense.

Rome Statute

Article 29 Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.