BTK_ENG.doc 2 18 August 2005
(2) Espionage (Section 148) against allied armed forces by a non-Hungarian citizen in a foreign country shall be punishable according to Hungarian penal law, provided that such offense is also punishable by the law of the countrywhere committed.(3) In the cases described in Subsections (1)-(2) the indictment shall be ordered by the Attorney General.
Diplomatic Exemption and other Exemption Based on International Law
The criminal indictment of persons enjoying diplomatic immunity and other immunity based on international law,shall be governed by international treaties, and failing this, by international practice. In the issue of international practice, the declaration made by the Minister of Justice shall be governing.
Effect of Foreign Verdicts
(1) A verdict rendered by a foreign court shall have the same effect as a verdict rendered by a Hungarian court, if
the foreign court proceeded on the basis of charges filed by the Hungarian authorities or upon transfer of thecriminal proceeding,
the foreign court proceeded based on charges filed against the perpetrator for an act that is punishable byHungarian law and by the law of the foreign state as well, and the proceeding conducted abroad and the sentenceimposed or the measure employed is in conformity with Hungarian law.(2) The validity of a verdict rendered by a foreign court shall not be recognized even in the event that the conditionsset forth in Paragraph b) of Subsection (1) prevail, if such verdict was passed in connection with a criminal act of a political nature, or one closely related to such, or in connection with a military offense.(3) An offense shall not be considered of political or military nature if the criminal aspects of the offense outweighthe political or military aspects in the commission of such offense, in view of all applicable circumstances, such as theintended objective of the act, the motive, the mode of commission and the means physically employed or contemplated.(4) For the purposes of establishing the validity of a verdict rendered by a foreign court, premeditated homicide andany offense which includes premeditated homicide shall be construed as a criminal offense under any and allcircumstances.(5) If an act of a person falling under the jurisdiction of Hungarian criminal law has already been adjudicated by aforeign court, with the exception set forth in Subsection (1), the Attorney General shall decide on the institution of criminal proceedings. In such case, the time of sentence served in a foreign country or the time of detention shall bededucted from the sentence imposed by the Hungarian court.(6) Court ruling shall also include the final ruling of an international criminal court installed under internationalconvention promulgated by an act, or under a statutory resolution adopted by the United Nations Security Council.
Espousal and Passing On of the Execution of Punishment
Offering of Criminal Proceedings