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Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?

Code:
RED24
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
14/12/2011 - 15:20
Short Answer

yes

Qualitative Info

One of the major features of the 'Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law', the ‘penalties for legal persons’[1] (e.g. extremist organisations) was already in place in the Hungarian legal framework, by the implementation of the Act on Criminal Measures Against Legal Persons in 2001.[2]

 

Petty offence legislation was amended in 2010[3] regarding conducts in connection with a banned social organisation, introducing a fine of up to 150,000 HUF (approx. 600 EUR) or a sanction of detainment for anyone who participates in the activities in a banned social organisation[4] any way or who wears the uniform thereof or any uniform resembling that of a banned social organisation at a public event.

 

In February 2010, the Criminal Code was amended to punish participating in the leadership or in some cases the mere activities of banned associations (e.g. in extremist associations: consider the amendment of the Act on Petty Offences) with up to three years of imprisonment.[5]

 



[1]     Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, Article 6.

[2]     Hungary/Act No. CIV (2001)

[3]     Hungary/Act No. CIV (2010), which modified Article 152/B of Hungary/Act No. LXIX (1999)

[4]     E. g. the extremist Magyar Gárda [Hungarian Guard].

[5]     Hungary/Act No. XXXV. (2010) on the Amendment of the Criminal Code (Hungary/Act No. IV. (1978)), amending Article 212/A of the Criminal Code.

 

Groups affected/interested Roma & Travelers, Ethnic minorities
Type (R/D) Anti-semitism, Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas Anti-racism
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