Hungary: Definition of hate crime according to Hungarian law; recourse available to victims (2015-March 2017)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Legislation

In correspondence with the Research Directorate, an official from the Hungarian Embassy in Ottawa provided information collected from the Hungarian Ministry of Justice, which stated that

there is no specific definition of hate crime in Hungary. Hungary implemented hate crime laws by creating specific hate crime offences in the Criminal Code (Act C of 2012) and - in case of other offences - by setting out the bias motive as a specific factor that can increase the sentence.

The specific hate crime offences - not mentioning general anti-discrimination laws on genocide and other international crimes - are the following:

Violence Against a Member of a Community (section 216 of the Criminal Code),

Incitement Against a Community (section 332 of the Criminal Code),

Open Denial of the Crimes Committed by the National Socialist and Communist Regimes (section 333 of the Criminal Code),

Use of Symbols of Totalitarianism (section 335 of the Criminal Code). (Hungary 1 Mar. 2017)

Section 216 of Act C of 2012 on the Criminal Code, provides the following:

Violence Against a Member of the Community

Section 216

1. Any person who displays an apparently anti-social behavior against others for being part, whether in fact or under presumption, of a national, ethnic, racial or religious group, or of a certain societal group, in particular on the grounds of disability, gender identity or sexual orientation, of aiming to cause panic or to frighten others, is guilty of a felony punishable by imprisonment not exceeding three years.
2. Any person who assaults another person for being part, whether in fact or under presumption, of a national, ethnic, racial or religious group, or of a certain societal group, in particular on the grounds of disability, gender identity or sexual orientation, or compels him by force or by threat of force to do, not to do, or to endure something, is punishable by imprisonment between one to five years.
3. The penalty shall be imprisonment between two to eight years if violence against a member of the community is committed:
   
   
   1. by displaying a deadly weapon;
   2. by carrying a deadly weapon;
   3. by causing a significant injury of interest;
   4. by tormenting the aggrieved party;
   5. in a gang; or
   6. in criminal association with accomplices.
4. Any person who engages in the preparation for the use of force against any member of the community is guilty of a misdemeanor punishable by imprisonment not exceeding two years. (Hungary 2012)

Section 332 of the Criminal Code provides the following:

Incitement Against a Community

Section 332

Any person who before the public at large incites hatred against:

1. the Hungarian nation;
2. any national, ethnic, racial or religious group; or
3. certain societal groups, in particular on the grounds of disability, gender identity or sexual orientation;

is guilty of a felony punishable by imprisonment not exceeding three years. (Hungary 2012)

Sections 333 of the Criminal Code provides the following:

Open Denial of Nazi Crimes and Communist Crimes

Section 333

Any person who denies before the public large the crime of genocide and other crimes committed against humanity by nazi and communist regimes, or expresses any doubt or implies that it is insignificant, or attempts to justify them is guilty of felony punishable by imprisonment not exceeding three years. (Hungary 2012)

Sections 335 of the Criminal Code provides the following:

Use of Symbols of Totalitarianism

Section 335

Any person who:

1. distributes,
2. uses before the public at large, or
3. publicly exhibits,

the swastika, the insignia of the SS, the arrow cross, the sickle and hammer, the five-pointed red star or any symbol depicting the above so as to breach public peace - specifically in a way to offend the dignity of victims of totalitarian regimes and their right to sanctity - is guilty of a misdemeanor punishable by custodial arrest, insofar as the [sic] did not result in a more serious criminal offense. (Hungary 2012)

A copy of the Hungarian Criminal Code is attached to this Response.

According to the information provided to the Embassy official by the Hungarian Ministry of Justice,

[r]egarding the following crimes malevolent motivation or intent constitute an aggravating circumstance:

Homicide (section 160 of the Criminal Code),

Battery (section 164 of the Criminal Code),

Violation of Personal Freedom (section 194 of the Criminal Code),

Libel (section 226 of the Criminal Code),

Unlawful Detention (section 304 of the Criminal Code),

Insult of a subordinate (section 449 of the Criminal Code).

Criminal offences motivated by racism always qualify as an offence with malevolent motivation or purpose; therefore there is a possibility to impose a more severe punishment. …

In addition to these legal provisions the Criminal Code provides specific rules among the sentencing principles as well. Punishment, with due consideration of its intended objective, shall be imposed within the framework provided for by the Criminal Code, in a manner consistent with the severity of the crime, the degree of culpability, the danger to society represented by the offender and with other aggravating and mitigating circumstances (section 80 of the Criminal Code). A bias motive is always considered to be an aggravating circumstance. We can say in general that motivation based on racism, anti-Semitism, homophobia or xenophobia always serves as a basis for imposing stricter sentences. (Hungary 1 Mar. 2017)

According to the Organization for Security and Cooperation in Europe (OSCE) Hate Crime Reporting, in 2014 there were 79 hate crimes recorded by police in Hungary and 23 were prosecuted, however, information on the number of those sentenced is "[n]ot available" (OSCE n.d.). Further and corroborating information about numbers of hate crimes prosecuted and sentenced could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Recourse

According to the information provided to the official by the Hungarian Ministry of Justice, "despite the specific criminal procedural provisions applicable to victims requiring special treatment, in Hungary there are no specific bodies, courts or programs especially for alleged victims of hate crimes" (Hungary 1 Mar. 2017). However, according to the same source,

victims of hate crimes may apply for any of the services and supports provided by the Victim Support Service according to their status and needs (information, instant monetary aid in crisis situation, certificate issued on the victim status, state compensation, legal advice and practical assistance, emotional support). On the other hand, the Victim Support Service always pays high attention not to achieve distinction between victims other that the distinction based on their real needs and victim status. (Hungary 1 Mar. 2017)

According to the European Union Crime Prevention Network (EUCPN), a European organization that "[c]ontribute[s] to developing local and national strategies on crime prevention" within the EU (EUCPN n.d.a)[1],

[s]ince 2006 a state-funded Victim Support Service has been operating in Hungary. The Service consists of the Victim Support Unit of Office of Justice and local victim support services at county seats (all over the country). The Service can provide financial, legal, psychological and practical support. (EUCPN 22 Oct. 2014)

Information on assistance provided to individuals, including by case type, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. According to the information provided to the official, "Victim Support Service cannot provide … statistics as there is no separate database to collect data on the number of hate crime victims" (Hungary 1 Mar. 2017).

The information provided to the official further states that

victims of hate crimes can often belong to victims requiring special treatment, which is a new category of victims that was introduced by Act CLI of 2015 and entered into force on 1 November 2015. According to the Criminal Procedure Code (Act XIX of 1998) the authorities are obliged to examine in every case whether the conditions of qualifying the victim as a victim requiring special treatment are met. If a victim requiring special treatment is involved in the criminal proceedings the authorities shall proceed with great diligence regarding such victims, as well as procedural actions should be prepared and executed with taking into consideration the needs of such victims. The rules on criminal procedure provides special provisions for the protection of such victims, which include amongst others that

• the authorities shall endeavour to communicate both in writing and orally with the participants in an easy to understand manner;
• upon a request the victim shall be notified about the fact that the perpetrator was released or that he escaped; the victim is entitled to legal aid not only during the court procedure, but also during the investigation;
• the authorities shall endeavour to avoid the unnecessary encounters between the victim and the perpetrator during the procedure;
• the authorities are obliged to avoid repeating the procedural actions concerning the victim;
• the authorities are required to pay special attention to and shall endeavour to take measures that causes less burden and distress to such victims; upon the request of the victim, he/she shall be questioned by a member of the same gender of the authority regarding certain crimes (e.g. sexual crimes and crimes committed against relatives);
• witnesses under the age of fourteen must be video-recorded in every case; at procedural actions, a person of full age designated by the victim can also be present in order to give emotional (or even linguistic) support;
• closed hearing can be ordered for the protection of a victim requiring special treatment; and such victim can also be heard via live link; a[nd] last,
• it became a possibility to forward the denunciation of the victim, if Hungary does not have jurisdiction to proceed. (Hungary 1 Mar. 2017)

Further information, including on implementation of Act CLI of 2015 and the Criminal Procedure Code, and the definition of victims requiring special treatment, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. For further information on state protection for alleged Roma victims of hate crimes, see Response to Information Request HUN105587 of August 2016.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] EUCPN was established by a European Council Decision in 2009 (EU 30 Nov. 2009).

References

European Union Crime Prevention Network (EUCPN). 22 October 2014. "Hungarian Policy on Sexual Crime." [Accessed 7 Mar. 2017]

European Union Crime Prevention Network (EUCPN). N.d.a. "What Does EUCPN Do?" [Accessed 7 Mar. 2017]

European Union (EU). 30 November 2009. Council Decision 2009/902/JHA of 30 November 2009 Setting up a European Crime Prevention Network And Repealing Decision 2--1/427/JHA. [Accessed 27 Mar. 2017]

Hungary. 1 March 2017. Hungarian Embassy in Ottawa. Correspondence from an official to the Research Directorate.

Hungary. 2012. Act C of 2012 on the Criminal Code. [Accessed 29 Mar. 2017]

Organization for Security and Co-operation in Europe (OSCE). N.d. Office for Democratic Institutions and Human Rights (ODIHR). "Hungary." [Accessed 7 Mar. 2017]

Additional Sources Consulted

Internet sites, including: ecoi.net; European Roma Rights Centre; European Union-Agency for Fundamental Rights; Hungary - Ministry of Justice, romagov; SOVA Center for Information and Analysis; United Nations - Refworld.

Attachment

Hungary. 2012. Act C of 2012 on the Criminal Code. [Accessed 29 Mar. 2017]