Octopus Cybercrime Community

Hungary signed the Council of Europe Convention on Cybercrime on 23 November, 2001 and ratified it on 4 December, 2003. The Convention entered into force and is to be applied as of 1 July, 2004. (Act LXXIX of 2004 on the promulgation of Convention on Cybercrime signed in Budapest on 23 November, 2001).

The applicable rules are set out by relevant sectoral legislation. The majority of the relevant provisions are included in the Criminal Code and Criminal Procedural Act.

The Act C of 2012 on Criminal Code is in line with international standards determined by the Council of Europe Convention on Cybercrime, the Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA.

Essential provisions of Act XIX of 1998 on Criminal Procedure Act are also complying with the Convention on Cybercrime and 2013/40 EU Directive.

Act C of 2012 on Criminal Code

Acts unique to information systems, in particular those related to cyber attacks:

• Illegal access to information system (Article 423)
• Illegal system interference (Article 423)
• Illegal data interference (Article 423)
• Illegal interception of computer data (Article 422)
• Misuse of devices - production, distribution, procurement for use, import or otherwise making available or possession of computer misuse tools (Article 424)

Content related offenses

• Computer‐related production, distribution or possession of child pornography (Article 204)
• Computer-related solicitation or "grooming" of children (Article 197, Article 198, Article 204)
• Plagiarism (Article 384)
• Infringement of copyright or certain rights related to copyright (Article 385)
• Circumventing of a technological protection measure (Article 386)
• Falsifying data related to copyright management (Article 387)
• Breach of industrial property rights (Article 388)

Acts where computer/IT systems were involved as tool or target, in particular online card fraud harm.

• Computer‐related fraud or forgery (Article 375)
• Computer‐related identity offences (Article 219 Paragraph, Article 375, Article 291, Article 423)
• Sending or controlling sending of Spam (Article 375) (not punishable)

Fraud committed via information system involves on line card frauds as well. Relevant crimes in relation to on line bank-card fraud are as follows:

• Counterfeiting of Cash-Substitute Payment Instruments (Article 392)
• Cash-Substitute Payment Instrument Fraud (Article 393)
• Aiding in Counterfeiting Cash-Substitute Payment Instruments (Article 394)

Act XC of 2017 on Criminal Procedure Act and other relevant sectorial legislation

Fundament rights and freedoms are generally protected by the Fundamental Law of Hungary (the constitution) which is the highest level of legislation. The relevant sectoral legislation also contains further guarantees and procedural legal elements for the protection and implementation of these rights. (E.g. Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information).

In this context, some regulations of Act XC of 2018 on the criminal proceedings are also relevant which contain rules aiming at the respect for the principle of fair trial. (E.g. articles on the division of tasks related to the proceedings, on the basis of court procedure, on the right to court procedure and legal remedy, burden of proof, right to defence, presumption of innocence, prohibition of self-incrimination, use of the native language, independent judgement of criminal liability).

• Act XXXVIII of 1996 on the international legal assistance in criminal matters
• Act CLXXX of 2012 on criminal cooperation in criminal matters between the Member States of the European Union
• Act LIV of 1999 on cooperation and information exchange with the EU law enforcement information exchange systems and with the Interpol and regulation on International Law Enforcement Cooperation Centre
• Act XXXIV of 1994 on Police
• Act XXXI of 1997 on protection of children and administration of guardianship
• Act CXC of 2011 on National Public Education
• Act CIV of 2001 on the criminal measures applicable against legal persons
• Gov. Decision 1744 of 2013 on National Crime Prevention Strategy for the period 2013-2023
• Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (E-Commerce Act)
• Act L of 2013 on the Electronic Information Security of Central and Local Government Agencies
• NMHH Decree No. 19/2013. (X. 29.) on the regulations for the providers of electronic communications services and providers of browsing and caching services in terms of connecting to the central database of rulings on disabling access to electronic information and for their electronic communication with the National Media and Infocommunications Authority (NMHH Decree No. 19/2013.)
• OIT Regulations No. 8/2003. on the collection and processing of courts’ statistical data (OIT Regulations No. 8/2003.)
• Decree No. 12/ 2018. (IV. 7.) of the Minister of Interior on the Unified System of Criminal Statistics of Investigating Authorities and of Public Prosecution (Decree No. 12/2011. of the Minister of Interior)
• Government Decree No. 288/2009. (XII. 15.) on data collection and data reception within the National Statistical Data Collection Programme (Government Decree No. 288/2009.)
• Act C of 2003 on Electronic Communications
• Government Decree No. 90/2010. (III. 26.) on the roles of the National Security Authority and the handling of classified information
• Government Decree No. 161/2010. (V. 6.) on the detailed rules of the electronic security of classified information, and on the authorisation and official supervision of cryptographic operations

• Act XXXVIII of 1996 on the international legal assistance in criminal matters: Articles 1-10, 60/F-60/H., Chapter V.
• Act CLXXX of 2012 on criminal cooperation in criminal matters between the Member States of the European Union: Chapter IV.
• Act CXVI of 2005 on the Promulgation of the Convention on Mutual Legal Assistance in Criminal Matters between the Member States of the European Union dated 29th May, 2000 and its Additional Protocol dated 16th October, 2001
• Act CLXXX of 2012 on criminal cooperation in criminal matters between the Member States of the European Union

Competent authorities and channels

Competent to send/received the MLA request are:

• Ministry of Justice of Hungary
• International Criminal Cooperation Centre

24/7 Contact points

• International Law Enforcement Cooperation Centre
• National Bureau of Investigation Cyber Crime Division

Sources and links (Practical guides, templates and best practices)