Self-defence - national proceedings

Hungary

Hungary - Criminal Code 1978 (2012) EN

GENERAL PART
CHAPTER IV
GROUNDS FOR TOTAL OR PARTIAL EXEMPTION FROM CRIMINAL RESPONSIBILITY

Section 15
The perpetrator may be totally or partially exempted from criminal responsibility, or an act may be fully or partly exempted from criminalization on the following grounds:
...
e) justifiable defense;

GENERAL PART
CHAPTER IV
GROUNDS FOR TOTAL OR PARTIAL EXEMPTION FROM CRIMINAL RESPONSIBILITY

Justifiable Defense

Section 21
Any person who uses such means of defense, which are not recognized as a deadly weapon, installed for his own protection and/or for the protection of others against the peril with which he is threatened in the event of an unlawful attack shall not be prosecuted for the injury the aggressor sustained in consequence, provided that the person on the defensive has done everything within his power to avoid the injury.

Section 22
(1) No penalty shall be imposed upon a person for any action that is necessary to prevent an unlawful attack against his person or his property, or against the person or property of others, against the public interest, or an unlawful attack posing a direct threat in respect thereof.
(2) The unlawful attack shall be construed to pose an imminent danger of death if committed: a) against a person aa) at night, ab) by displaying a deadly weapon, ac) by carrying a deadly weapon, or ad) in a gang;
b) by way of intrusion into the victim’s home ba) at night,
bb) by displaying a deadly weapon, bc) by carrying a deadly weapon, or bd) in a gang;
or
c) by way of illegal and armed intrusion into the fenced area of a home.
(3) Any person who exceeds the reasonable force of self-defense due to shock or justifiable aggravation shall not be prosecuted.
(4) The person assaulted shall not be liable to take evasive action so as to avoid the unlawful attack.

Hungary - Fundamental Law 2011 (2019) EN

FREEDOM AND RESPONSIBILITY

Article V.
Everyone has the right to the prevention of unlawful attacks on or direct threats to his or her person or property, as provided by law.

THE SPECIAL LEGAL ORDER
The unexpected attack

Article 52
(1) In the event of an unexpected intrusion of external armed groups into the territory of Hungary by the Government, to prevent the attack, to protect the territory of Hungary with domestic and allied air defense and air readiness forces, to protect law and order, safety of life and property, public order and public safety - if necessary, in accordance with the armed defense plan approved by the President of the Republic, until the decision to declare a state of emergency or a state of emergency, he is obliged to act immediately with forces proportionate to the attack and prepared for it.

Rome Statute

Article 31 Grounds for excluding criminal responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;