According to the Hungarian Criminal Code:
Any person who offers or supplies narcotic drugs or is engaged in the distribution or trafficking in narcotic drugs is guilty of a felony punishable by imprisonment between two to eight years.
(2) The penalty shall be imprisonment between five to ten years if the criminal act is committed:
- a) in criminal association with accomplices;
- b) by a public official or a person entrusted with public functions, acting in such official capacity; or
- c) in any facility of the Hungarian Armed Forces or law enforcement agencies, or the facilities of the Nemzeti Adó- és Vámhivatal (National Tax and Customs Authority).
(3) The penalty shall be imprisonment between five to twenty years or life imprisonment if the criminal act is committed in respect of a substantial quantity of narcotic drugs.
If you, or a relative is suspected of drug trafficking, what should you do?
In all cases of drug trafficking, you should seek the help of a criminal lawyer immediately. Developing the right defence strategy can be measured in years in prison. In such a serious case, every day after an arrest is critical, as a false confession can also mean extra years in prison for the person arrested.
Drug trafficking is one of the most serious crimes in Hungary.
If the offender is a foreign national, the authority provides a public lawyer for all offences. The lawyer is chosen at random, so you may not get a lawyer who is competent. In many cases, the public lawyer appointed will represent the interests of the authority. In many cases, the public lawyer will help the authority.
What is drug trafficking in real life?
Drug trafficking includes any activity that helps the drug to reach the reseller or the consumer, such as packaging, storage, transport, delivery or distribution of the drug.
What is the definition of a significant/ substantial quantity of drugs in drug trafficking?
A significant quantity of a drug is defined as a pure drug content of more than twenty times the small quantity. The definition of the small quantity is defined by law and never changes. A small amount is 0.001 grams for LSD and 0.5 grams for amphetamine, methamphetamine, MDPV and alpha-PVP. For heroin, 0.6 grams, for nmorphine 0.9 grams, for cocaine 2 grams, for tetrahydrocannabinol (THC) 6 grams. The pure drug content of the seized drug is always calculated by an expert.
In which cases is drug trafficking more serious?
As already mentioned if there is a significant amount of drugs. If the drug is sold to a person under the age of 18. If the drug trafficking is committed in a multiple, organised way.
How is the crime proven in Hungary?
The Hungarian authorities have several ways to prove drug trafficking. In almost all cases, they seize all IT devices, which are thoroughly analysed by an expert (Facebook, viber, sms, etc.) They look for conversations that suggest drug trafficking. In almost all cases, drug consumers are found and asked to cooperate in returns for non-punishment. In many cases, the police will monitor drug traffickers and bug their phones. It is increasingly common the police officer join drug traffickers in an incognito and buy from them.