Hungary
Hungary regularly reports hate crime data to ODIHR. Hungary's criminal code contains several substantive offences. The Ministry of Interior, the Prosecutor's Office and the Criminal Police Department of the National Police Headquarters collect data on hate crime as part of general crime statistics.
How hate crime data is collected
The Hungarian Police does not have a special unit responsible for recording or investigating hate crimes. However, a list of hate crime indicators to help police detect and classify hate crimes more precisely has been developed by criminal justice bodies and civil society groups. The Hungarian Police does not have special forms or templates for recording, reporting on or collecting data on hate crime cases. The protocol for each criminal offence is identical. When the protocol is recorded, officers can mark a potential hate crime and the category of bias motivation on a statistical card, and should also include bias indicators in the description field in text format. However, it is not possible to mark the bias motivation if the perpetrator is unknown. The prosecutor's office does not have separate records on hate crimes.
Criminal data are collected under the Unified Investigation Authority and Prosecutor's Office Criminal Statistics System (ENyÜBS). ENyÜBS contains data provided by the Ministry of the Interior and the General Prosecutor's Office, including on criminal proceedings conducted by the police, the National Tax and Customs Board and the Public Prosecutor's Office, and is supplemented by data from the accusation phase of the prosecution. ENyÜBS is a follow-up statistical system containing statistical data on registered criminal offences, as data are registered in the system once the investigation is complete. As of January 2019, the statistical system recognizes the bias motivation underlying a criminal offence. The statistics follow protected characteristics included in article 216 of the Criminal Code (the crime of violence against a member of the community) – namely, nationality, ethnic origin, race, religion, gender identity, sexual orientation and disability – and are not disaggregated by the specific targeted group.
Official Data
National developments
In 2019, the police issued an instruction on implementing police tasks related to the management of hate crimes in a uniform manner (instruction no. 30/2019 (VII.28), hereafter the "ORFK instruction"). Accordingly, criminal authorities must take into account indicators of prejudice (bias) when detecting and investigating of crimes, with the aim of eliminating and responding effectively to racism, racial discrimination, xenophobia and related intolerance. Examples of such indicators are provided, including objective facts and circumstances that may lead police to conclude that a crime was committed partly or entirely because of a prejudiced motive. A police officer is furthermore required to investigate the possible presence of the perpetrator's prejudicial motive for all offences in the course of their commission. The acting police officer must support the victim by communicating with them in a calm and objective manner. It is forbidden to blame the victim, to display a police officer's personal judgment, use words and phrases related to the victim's behaviour, culture or community, or use stereotypical or prejudiced terms. In criminal proceedings, the police are required to pay particular attention to the specific needs of the victim and inform them of the progress of the investigation and of contacts with the investigating authority. At each police station, mentors should be appointed to facilitate the detection of hate crimes, and the county (capital) police station should appoint at least one hate crime focal point whose identity and contact details shall be communicated to the local police authorities. Appointed officials are primarily investigators, but also instructors.
International reports
No information is available.
Key observation
ODIHR observes that Hungary's law enforcement agencies have not recorded the bias motivations of hate crimes.
