Act IV of 1978 on the Criminal Code GENERAL ... - Legislationline

(1) The person who - without the licence defined in a legal rule or differently from the licence - operates a nuclearfacility, commits a felony and shall be punishable with imprisonment <strong>of</strong> up to five years.(2) The person who commits the crime defined in subsection (1) as a part <strong>of</strong> criminal conspiracy shall be punishablewith imprisonment from two years to eight years.(1) The person who - in order to obtain a licence defined in a legal rule for the utilization <strong>of</strong> nuclear energy - misleadsthe organ or person entitled to decision-making commits a felony and shall be punishable with imprisonment <strong>of</strong> up t<strong>of</strong>ive years.(2) The person who fails to perform his obligation <strong>of</strong> reporting in connection with the application <strong>of</strong> nuclear energyas prescribed in a legal rule, shall be punishable with imprisonment <strong>of</strong> up to three years.(1) Any person who develops, manufactures, obtains, uses or possesses weapons prohibited by international treaty,or transfers such to a person without the appropriate license, imports, exports or transports such through the territory <strong>of</strong>Hungary, or is engaged in the illicit trafficking <strong>of</strong> such, commits a felony <strong>of</strong>fense and shall be punishable withimprisonment between five to fifteen years.(2) Any person who constructs or operates a facility for the production <strong>of</strong> weapons prohibited by international treatywithout being licensed as prescribed by law, or in derogation from the scope <strong>of</strong> such license, or converts an existingfacility for the production <strong>of</strong> such weapons, or misleads the organization or person vested with authority in respect <strong>of</strong>the licensing <strong>of</strong> the operation <strong>of</strong> such facility as prescribed by law, shall be punishable as set forth in Subsection (1).(3) Any person who commits the act described in Subsections (1)-(2)as part <strong>of</strong> a criminal organization,as a qualified recidivist,shall be punishable with imprisonment between ten to fifteen years or with life imprisonment.(4) Any person who commits the act described in Subsection (2) by negligence shall be punishable for amisdemeanor <strong>of</strong>fense with imprisonment <strong>of</strong> up to two years(5) For the purposes <strong>of</strong> Subsections (1)-(2) the weapons specified by the legal regulations listed under Subsection (3)<strong>of</strong> Section 160/A shall be construed as weapons prohibited by international treaty.(6) In respect <strong>of</strong> qualified recidivism, the following shall be construed as crimes <strong>of</strong> similar nature:criminal misuse <strong>of</strong> explosives and blasting-agents (Section 263), criminal misuse <strong>of</strong> firearms and ammunition(Section 263/A), arms smuggling (Section 263/B),violent acts against members <strong>of</strong> national, ethnic, racial or religious groups, armed kidnapping and breaking andentering [Paragraph a) <strong>of</strong> Subsection (2) <strong>of</strong> Section 174/B, Paragraph b) <strong>of</strong> Subsection (2) <strong>of</strong> Section 175/A, Paragraphb) <strong>of</strong> Subsection (2) and Subsections (3)-(4) <strong>of</strong> Section 176], causing public danger [Subsection (1)-(3) <strong>of</strong> Section 259],aggravated cases <strong>of</strong> breaching international legal obligation [Subsection (3) <strong>of</strong> Section 261/A], criminal misuse <strong>of</strong>radioactive materials (Section 264),criminal misuse <strong>of</strong> narcotic drugs, robbery, use <strong>of</strong> a vehicle without authority, escape and armed acts <strong>of</strong> violenceagainst a superior or a law enforcement <strong>of</strong>ficer committed [Paragraph a) <strong>of</strong> Subsection (3) and Paragraphs b)-c) <strong>of</strong>Subsection (4) <strong>of</strong> Section 321, Subsection (3) <strong>of</strong> Section 327, Paragraph a) <strong>of</strong> Subsection (2) and Subsections (4)-(5) <strong>of</strong>Section 343, Paragraph a) <strong>of</strong> Subsection (2) <strong>of</strong> Section 355], and destruction <strong>of</strong> property by the use <strong>of</strong> explosives orblasting-agents [Paragraph c) <strong>of</strong> Subsection (4) <strong>of</strong> Section 324].(7) Any person involved in the preparation for the criminal misuse <strong>of</strong> weapons prohibited by international treaty shallbe punishable for a felony <strong>of</strong>fense with imprisonment <strong>of</strong> up to five years.