Criminal Law
The Criminalisation of Informal Payments in Hungarian Healthcare...
Informal payments; Hungarian healthcare; criminalisation; legal consciousness; anti-corruption law
This article examines the criminalisation of informal payments in Hungarian healthcare, with particular attention to the legal uncertainty that preceded the 2020 reform, the logic of the new anti-corruption framework, and the social attitudes surrounding its enforcement. It analyses the former judicial treatment of “hálapénz”, the legislative shift introduced by Act C of 2020, and the broader question whether criminal law can effectively eliminate a practice that has long been socially embedded. Drawing on questionnaire-based research, the article also explores public knowledge of the current regulation and attitudes towards the punishability of informal payments. It argues that criminalisation may narrow the scope of the practice, but that its long-term reduction is likely to depend on broader structural improvements in the healthcare system, including legal clarity, institutional trust, and the perceived fairness and quality of care.
JÁGER, ESZTER – CZEBE, ANDRÁS
The criminal law assessment of young adults in Hungary
Young adulthood, criminal justice reform, developmentally appropriate sentencing, legal capacity and maturity, age-responsive criminal law
This study examines the conceptual and normative foundations for recognizing young adulthood (ages 18–24) as a distinct category in Hungarian criminal law. While current legislation treats individuals as fully responsible adults from age 18, empirical research from psychology, sociology, and criminology suggests that many young adults lack the psychosocial maturity typically associated with full adulthood. The analysis draws on national and comparative legal sources, judicial practice, and international frameworks to assess whether young adults warrant differentiated treatment in criminal justice. Findings reveal a normative gap in Hungarian law: the concept of “young adult” is inconsistently applied, lacking statutory definition and leading to judicial ambiguity. Based on legal theory, empirical criminal statistics, and comparative models, the study proposes the introduction of a formal legal definition within the Criminal Code and the inclusion of a new mitigating provision under Chapter IX. This reform would enhance legal clarity, promote proportional sentencing, and respect both judicial discretion and constitutional principles. The paper concludes that codifying young adulthood as a distinct penal category is both necessary and feasible for a more just and developmentally informed criminal justice system.
SZABÓ, BERNADETT – CZEBE, ANDRÁS
Regulatory evolution of traffic endangerment offenses in Hungary
Traffic-related endangerment crimes, negligence, causality, occupational liability, Deficiency Act of 1948
This paper explores the historical development and evolution of legal regulations addressing traffic-related endangerment crimes in Hungary. Beginning with the foundational Act V of 1878, the analysis highlights the distinction between intentional and negligent acts, with a focus on the heightened accountability associated with occupational and professional obligations. The study examines the significant legislative milestone of the Deficiency Act of 1948, which established the independent offense of endangering within the scope of an occupation, criminalizing immediate exposure to danger irrespective of material harm. Through an in-depth review of judicial practices, ministerial reasoning, and scholarly contributions, the paper elucidates the progression of key legal concepts, including negligence, causality, and occupational liability. By tracing these developments, the research underscores the dynamic interplay between evolving societal needs and legal frameworks, offering insights into the historical and legal foundations of contemporary traffic law in Hungary.
IDZIG, IZABELLA
The relationship between restorative justice and consensual procedures
Restorative justice, consensual procedures, mediation procedure, plea agreement, confession in the preparatory session
The paper shows how restorative justice fits in with consensual procedures satisfied with procedural justice based on confession of guilt. In our view, the protection of the interests of victims, the establishment of truthful facts and the enforcement of social justice are all objectives that must guide the legislation and the application of law in the 21st century. Although the Hungarian Code of Criminal Procedure has considerably broadened the combinability of consensual procedures, the dangers of the eclipse of material justice cannot be ignored. More specifically, the contradiction that the more effective restorative justice is, the more pressure is put on the defendant to participate in it, trading the possibility of total victory for the certainty of avoiding total defeat. And although the institutions of the plea agreement and the confession in the preparatory session may compete with the mediation procedure, the latter is the one that can provide the most complete reparation for the victim.
CSÁK, ZSOLT – CZEBE, ANDRÁS
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