Hungary

Hate Crimes

The following overview of hate crimes legislation is based on information submitted directly to the ODIHR by Hungary during the course of 2004-2005. While, in some instances, the wording of the legislation may appear unclear, it has not been changed from its original form.

On the basis of this structure, ODIHR enourages pS to submit relevant information to fill in any gaps.

Legislation is constantly updated, and therefore the provisions cited are subject to change. The term racist is illustrative and does not exclude other bias types. The use of "Article", "Section", or § refers to parts of the respective Criminal Code.

International crimes [1]	§155: prohibition of genocide §157: prohibition of apartheid
Incitement to hatred / Dissemination of racist ideas [2]	§269: incitement against a community: A person who incites to hatred before the general public against (a) the Hungarian nation; (b) any national, ethnic, racial group or certain groups of the population, shall be punishable for a felony offence with imprisonment up to three years. Proposed amendment to §269 to ensure punishment of racial expression – adopted by Hungarian Parliament, but judged unconstitutional by Constitutional Court in May 2004 - unamended article still valid. §269/A: violation of a national symbol §269B: detailed list of symbols which are connected to ideas and events relating to the forceful seizure and dictatorial keeping of power, and therefore represent violence, hate against certain national, ethnic, or religious groups
Holocaust denial [3]
Personal violence	§174/B: punishes violence against a member of a national, ethnic, racial or religious group (and presumption of membership of such a group) with imprisonment (1) The person who assaults somebody else because he belongs or is believed to belong to a national, ethnic, racial or religious group, or coerces him with violence or menace into doing or not doing or into enduring something, commits a felony and shall be punishable with imprisonment up to five years. (2) lists aggravating factors such as use of arms.
Destruction of property
Civil rights violations
Racist organizations [4]
Racist cyber-crime
Aggravating circumstances
Bias types [5]	National origin, ethnicity, race, religion.

[1] Relevant international crimes include genocide, apartheid, slavery and persecution.

[2] Includes (public) incitement to racial discrimination, violence or hatred; (public) dissemination of ideas based on racial superiority or hatred; (public) insults and threats.

[3] Includes public denial or gross trivialization of international crimes, especially genocide/the Holocaust.

[4] Includes creation, support, participation.

[5] Includes bias types referred to in definitions of crimes and as aggravating factors, but excludes crimes based on denying equality of citizens, which tend to encompass broader grounds for discrimination.

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