Steps taken by Hungary to implement and enforce the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

(Information as of 12 October 2004)

Date of deposit of instrument of ratification/acceptance or date of accession

Date of deposit of instrument of ratification: 4th of December 1998./ entry into force in Hungary: 15th of February 1999.

Deposit of instrument of ratification/acceptance: 4 December 1998
Entry into force of the Convention: 15 February 1999
Entry into force of implementing legislation: 1 March 1999

Implementing legislation

The foreign bribery offences (sections 258/B-258/E) were inserted into the Criminal Code (i.e. Act no. IV. of 1978)  by the Act no. LXXXVII. of 1998. The foreign bribery offences were amended and modified by Act no. CXXI. of 2001 on the Amendment of criminal provisions. This act modified sections 258/B-258/E of the Criminal Code, redefining the foreign bribery offence and profiteering with influence in international relations. The new provisions entered into force on the 1st of March 2002.

The Act on the criminal measures applicable against legal persons entered into force on the 1st of May 2004, as adopted by the Parliament in 2001. This act specifies the legal persons that can be brought under criminal investigation by setting a very broad, sui generis definition.

Other relevant laws, regulations or decrees that have an impact on a country’s implementation of  the OECD Convention or the Recommendations

As a result of the Phase 1bis report, the Criminal Code was modified in 2003 in order to clarify the meaning of the foreign public official (section 137. point 3).  The modification entered into force on the 1st of March 2004.

Other information

Relevant authorities

The General Prosecutor’s Office has competence to investigate criminal offences based on the Convention, but any report on allegations can be sent to the Police.

Relevant Internet links to national implementing legislation
www.mkogy.hu (Parliament)
www.1000ev.hu (All Hungarian legislation from the year 1000)

Working Group on Bribery Monitoring Reports

Phase 1:  Review of implementation of the Convention and 1997 Recommendation
http://www.oecd.org/dataoecd/14/54/2386997.pdf

Phase 1 Bis:  Review of implementation of the Convention and 1997 Recommendation
http://www.oecd.org/dataoecd/32/23/2510372.pdf 

Phase 2:  Report on the Application of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the 1997 Recommendation on Combating Bribery in International Business Transactions
http://www.oecd.org/dataoecd/39/34/34918600.pdf