Hungary

Paragraph 202 

The Criminal Code of the Hungarian People’s Republic declares, among others, any attacks against personal freedom, life, and corporal integrity to be criminal acts.  

Paragraph 203 

The pertinent provisions of the Criminal Code of the Hungarian People’s Republic are the following: 

… 

Section 262.  

(1) Whoever unlawfully deprives anpther of his personal freedom shall be punished with loss of liberty not exceeding two years.

Article 1 

1. The inviolable and inalienable fundamental rights of MAN shall be respected. It shall be the primary obligation of the State to protect these rights.
2. Hungary shall recognise the fundamental individual and collective rights of man.
3. The rules for fundamental rights and obligations shall be laid down in an Act. A fundamental right may only be restricted to allow the effective use of another fundamental right or to protect a constitutional value, to the extentabsolutely necessary, proportionate to the objective pursued and with full respect for the essential content of such fundamental right.
4. Fundamental rights and obligations which by their nature apply not only to man shall be guaranteed also for legal entities established by an Act.

Article 2 

Human dignity shall be inviolable. Every human being shall have the right to life and human dignity; the life of the foetus shall be protected from the moment of conception. 

Article 3 

1. No one shall be subject to torture, inhuman or degrading treatment or punishment, or held in servitude. Trafficking in human beings shall be prohibited.
2. It shall be prohibited to perform medical or scientific experiment on human beings without their informed and voluntary consent.
3. Practices aimed at eugenics, the use of the human body or its parts for financial gain, as well as human cloning shall be prohibited.

Article 4 

1. Everyone shall have the right to liberty and security of the person.
2. No one shall be deprived of liberty except for reasons specified in an Act and in accordance with the procedure laid down in an Act. Life imprisonment without parole may only be imposed for the commission of intentional and violent criminal offences.
3. Any person suspected of having committed a criminal offence and taken into detention shall, as soon as possible, be released or brought before a court. The court shall be obliged to hear the person brought before it and shall forthwith take a decision with a written reasoning to release or to arrest that person.
4. Everyone shall have the right to compensation, whose liberty has been restricted without a well-founded reason or unlawfully.

Hungary Constitution 2011 (Revised 2013) (PDF)

Section 143. Crimes Against Humanity

(1) Any persons who - being part of a widespread or systematic practice:

(d) engages in the trafficking in human beings or in exploitation in the form of forced labor;

e) deprives another person of his personal freedom, or unlawfully maintains his abduction;

f) forces another person to commit or tolerate sexual violence, forces others into prostitution or to bear a child, or into illegal abortion;

is guilty of a felony punishable by imprisonment between ten to twenty years or with life imprisonment.

(2) Any person who engages in preparations for crimes against humanity is guilty of a felony punishable by imprisonment between two to eight years.

(3) In the application of this Section widespread or systematic assault on the civilian population shall include all conduct which covers the acts defined under Subsection (1) committed systematically against the civilian population aiming to implement or facilitate the policies of a State or organization.

Section 192. Trafficking in Human Beings

(1) Any person who:

a) sells, purchases, exchanges, or transfers or receives another person as consideration; or

b) transports, harbors, shelters or recruits another person for the purposes referred to inParagraph a), including transfer of control over such person;

is guilty of a felony punishable by imprisonment not exceeding three years.

(2) Any person who - for the purpose of exploitation - sells, purchases, exchanges, supplies, receives, recruits, transports, harbors or shelters another person, including transfer of control over

such person, is punishable by imprisonment between one to five years.

(3) The penalty shall be imprisonment between two to eight years if trafficking in human beings is committed:

a) against a person held in captivity;

b) by force or by threat of force;

c) by deception;

d) by tormenting the aggrieved party;

e) against a person who is in the care, custody or supervision of or receives medical treatment from, the perpetrator, or if abuse is made of a recognized position of trust, authority or influence over the victim;

f) for the unlawful use of the human body;

g) by a public official, acting in an official capacity;

h) in criminal association with accomplices; or

i) on a commercial scale.

(4) The penalty shall be imprisonment between five to ten years, if:

a) the criminal offense provided for in Subsection (2) is committed against a person under the age of eighteen years;

b) the criminal offense provided for in Subsection (2) is committed against a person held in captivity, and either of the aggravating circumstances under Paragraphs b)-i) of Subsection (3) apply; or

c) the criminal offense provided for in Subsection (2) results in particularly great damage or danger to life.

(5) The penalty shall be imprisonment between five to fifteen years if:

a) the criminal offense provided for in Subsection (2) is committed against a person under the age of fourteen years;

b) the criminal offense provided for in Subsection (2) is committed against a person under the age of eighteen years, and either of the aggravating circumstances under Subsection (3) apply;

c) the criminal offense provided for in Subsection (2) is committed against a person under the age of eighteen years, and results in particularly great damage or danger to life; or

d) the criminal offense provided for in Subsection (2) is committed against a person under the age of eighteen years for the purpose of child pornography.

(6) The penalty shall be imprisonment between five to twenty years or life imprisonment if:

a) the criminal offense provided for in Subsection (2) is committed against a person under the age of fourteen years, and either of the aggravating circumstances under Subsection (3) apply;

b) the criminal offense provided for in Subsection (2) is committed against a person under the age of fourteen years, and results in particularly great damage or danger to life; or

c) the criminal offense provided for in Subsection (2) is committed against a person under the age of fourteen years for the purpose of child pornography.

(7) Any person who engages in preparations for trafficking in human beings is guilty of misdemeanor punishable by imprisonment not exceeding two years.

(8) In the application of this Section, ‘exploitation’ shall mean the abuse of power or of a position of vulnerability for the purpose of taking advantage of the victim forced into or kept in such situation.

Section 193. Forced labour

(1) Any person who forces another person by taking advantage of his vulnerable situation, or by force or by threat of force, to perform work against his will, is guilty of a felony punishable by imprisonment between one to five years.

(2) The penalty shall be imprisonment between two to eight years if the crime of forced labor is committed:

1. a) by tormenting the victim;
2. b) by causing a significant injury of interests; or
3. c) against a person under the age of eighteen years.

Section 194. Violation of Personal Freedom

 (1) Any person who deprives another person of his personal freedom is guilty of a felony punishable by imprisonment not exceeding three years.

(2) The penalty shall be imprisonment between one to five years if the violation of personal freedom is committed:

1. a) against a person under the age of eighteen years;
2. b) with malice aforethought or with malicious motive;
3. c) by tormenting the victim;
4. d) against a person incapable of self-defense;
5. e) by displaying a deadly weapon;
6. f) by carrying a deadly weapon;
7. g) causing a significant injury of interests; or
8. h) by the unlawful impersonation of an authority.

(3) The penalty shall be imprisonment between two to eight years if the criminal offense is committed against a person under the age of eighteen years, and either of the aggravating circumstances under Paragraph b) or c) of Subsection (3) apply.

Section 201. Procuring for prostitution or sexual act

(1) Any person who:

1. a) persuades another person to engage in prostitution;
2. b) makes available a building or another place for another person to engage in prostitution;
3. c) provides assistance for the prostitution of a person under the age of eighteen years;

is guilty of a felony punishable by imprisonment not exceeding three years.

(2) The penalty shall be imprisonment between one to five years for persuading a person under the age of eighteen years to engage in prostitution.

(3) Any person who maintains or operates a brothel, or provides material assistance for the operation of a brothel is punishable by imprisonment between one to five years.

Section 203. Exploitation of Child Prostitution

 (1) Any person who endeavors to profit from the exploitation of the prostitution of a person under the age of eighteen years is guilty of a felony punishable by imprisonment not exceeding three years.

(2) Any person who gives money or any other form of remuneration for sexual activities with a person under the age of eighteen years is punishable in accordance with Subsection (1).

(3) Any person who is supported partly or wholly by profiting from the exploitation of the prostitution of a person under the age of eighteen years is punishable by imprisonment between one to five years.

(4) Any person who maintains or operates a brothel, or provides material assistance for the operation of a brothel where the exploitation of the prostitution of a person under the age of eighteen years takes place is punishable by imprisonment between two to eight years.

Section 209. Child Labor

Any person who:

1. a) violates the statutory provisions on the employment of persons under the age of eighteen

years; or

1. b) employs a third-country national under the age of eighteen years without authorization to undertake gainful employment;

is guilty of a felony punishable by imprisonment not exceeding three years.

Hungarian Criminal Code 2012 (PDF)