jurisdiction

Hungary
Source of law 

Act C of 2012 on the Criminal Code 

(Hungarian Criminal Code) 

Offence

Corporate Bribery (s290-291 of the Criminal Code) 

Active Corporate Bribery 

Giving or promising an unlawful advantage to a person acting for a Hungarian or foreign company to induce that person to breach his / her duties. 

Passive Corporate Bribery 

Requesting an unlawful advantage by a person acting for a Hungarian or foreign company, or accepting such advantage or a promise thereof, or agreeing with the third party requesting or accepting the advantage. 

Public Bribery (s293-294 of the Criminal Code) 

Active Public Bribery 

Giving or promising an unlawful advantage to a public official or a third person with regard to a public official to unlawfully influence the public official. 

Passive Public Bribery 

Requesting an unlawful advantage by a public official, or accepting such advantage or a promise thereof, or agreeing with the third party requesting or accepting the advantage. 

 

The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught? 

 

Yes

Would corporate hospitality be caught? Depends on intent 
Is there any de minimis? No 
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? Yes
Acts performed outside Hungary  
Can bribery performed outside Hungary be caught? Yes  
Does the act also need to be illegal in the foreign country of performance? No (unless committed by a foreign national) 
Who can be liable?  
Hungarian nationals? 

 

Yes 

Hungarian company? Yes
Hungarian partnership (including limited liability partnerships) incorporated? 

 

Yes 

Director of Hungarian company? Yes
Hungarian company if the bribe is committed abroad by its foreign subsidiary? Yes   
Foreign subsidiary of a Hungarian company if the bribe is committed abroad? Yes
Foreign national/company/partnership if bribe is committed in Hungary ? Yes  
Foreign national domiciled or “ordinarily resident” in Hungary if bribe is committed outside Hungary ? Yes
Foreign company/partnership if bribe is committed abroad? Yes  
Penalties  
Penalties include: 
  • Individuals 
  • Imprisonment up to five years in the case of active and up to ten years in the case of passive bribery (may vary depending on the nature and seriousness of the crime) 
  • Companies  (if applicable) 
  • Termination 
  • Restriction of operation (one – three years), including debarment from public contracts or state subsidies 
  • Fine: up to three times the pecuniary advantage gained or intended to be gained from the crime 
  • Confiscation order 
Defences  
Are there any defences available? Yes