jurisdiction

Source of law 

Act C of 2012 on the Criminal Code 

(Hungarian Criminal Code) 

Act CIV of 2001 on Corporate Criminal Code

Offence

Active Corruption (Section 290);

Passive Corruption (Section 291);

Active Corruption of Public Officials (Section 293);

Passive Corruption of Public Officials (Section 294);

Active Corruption in Court or Regulatory Proceedings (Section 295);

Passive Corruption in Court or Regulatory Proceedings (Section 296);

Indirect Corruption (Section 298);

Abuse of a Function (Section 299) and

Failure to Report Crimes of Corruption (Section 300).

The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught? Yes. There is no exemption in Hungarian law for facilitation payments – the intent to improperly influence is what matters, not the size or label of the payment.
Would corporate hospitality be caught? Depends on the 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 

  • Termination 
  • Restriction of operation (one – three years), including debarment from public contracts or state subsidies 
  • Fine: From 2026, the minimum fine that can be imposed is one million forints (approx. EUR 2,500), and the maximum fine is 5% of the turnover achieved by the affected company in the year preceding the commission of the offence. 
  • Confiscation order 
Defences  
Are there any defences available? Yes