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

(3) The punishment shall be up to three years’ imprisonment in the case <strong>of</strong> Subsection (1) and up to five years’imprisonment in the case <strong>of</strong> Subsection (2) if the criminal act is committed as a business operation or as part <strong>of</strong> acriminal conspiracy.(4) The punishment shall be up to five years’ imprisonment in the case <strong>of</strong> Subsection (1) and two to eight years’imprisonment in the case <strong>of</strong> Subsection (2) if the criminal act is committed with respect to a substantial quantity <strong>of</strong>narcotic drugs.(5) If the criminal act is committed by a drug-addicted person in respect <strong>of</strong> a small quantity <strong>of</strong> narcotic drugs, thepunishment shall beup to one year’s imprisonment, community service or a fine for a misdemeanor in the case <strong>of</strong> Subsection (1) orSubsection (2) ,up to two years’ imprisonment, community service or a fine for a misdemeanor in the case <strong>of</strong> Subsection (3).(1) No punishment shall apply on the grounds <strong>of</strong> misuse <strong>of</strong> narcotic drugsif it involves a small quantity produced, manufactured, acquired or held for own consumption [ParagraphSubsection (5) <strong>of</strong> Section 282],<strong>of</strong>if it involves a drug-addicted person who1. produces, manufactures, acquires, possesses, imports or exports a small quantity <strong>of</strong> narcotic drugs into or fromHungary or transports such through the territory <strong>of</strong> Hungary for own consumption [Subsection (1) and Paragraph <strong>of</strong>Subsection (5) <strong>of</strong> Section 282/C], and2.if it involves a drug-addicted person who has committed another crime - that is punishable by up to two years’imprisonment -in connection with the criminal act defined under Paragraph 1,provided the perpetrator in question is able to produce an <strong>of</strong>ficial document before he is sentenced in the first instanceto verify that he has been treated for drug addiction for at least six consecutive months or that he has participated in adrug addiction program or a preventive-consulting service.(2)(1) Any person who produces, manufactures, acquires, possesses, uses, sells, imports or exports into or from Hungarymaterials defined by legal regulation enacted for the implementation <strong>of</strong> a treaty as chemical substances used for theillicit production <strong>of</strong> narcotic drugs or transports such through the territory <strong>of</strong> Hungary as well as any person who, inviolation <strong>of</strong> the law, supplies such material to any person, is guilty <strong>of</strong> a felony and shall be punishable by up to fiveyear’s imprisonment.(2) Any person who has been providing assistance for the production <strong>of</strong> narcotic drugs shall be exonerated frompunishment if he confesses the act to the authorities before they become aware <strong>of</strong> it; surrenders to the authorities thethings manufactured, acquired, possessed, or imported; and cooperates with the authorities in finding other persons whoare engaged in the production <strong>of</strong> narcotic drugs to whom any such material was supplied or by whom it was used, sold,carried through the country in transit or exported.’