The operative part of uniformity decision no. 2/2021 BJE

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I. In assessing a human conduct, the provisions of the General Part of the Criminal Code excluding imputability in relation to that conduct shall be applicable mutatis mutandis, unless otherwise provided or excluded by a statutory provision. If, in determining the existence of own fault on the part of the perpetrator, the conduct has no identifiable point of reference indicating the perpetrator's accountability and the imputability of the conduct to him, own fault can be found only in case of an intentional conduct.

II. In finding and assessing own fault as a human conduct mentioned in section 87(1) of Act No. CCXL of 2013 on the Execution of Punishments, Measures, Certain Coercive Measures and Confinement for Petty Offences, the provisions of the General Part of the Criminal Code relevant to the examination of expectability, as the subjective side of imputability, cannot be disregarded. Thus, nothing that is relevant to the will of the person and the conduct performed by the person by his own free will. Hence, in assessing the existence of own fault, the fact of the worldwide pandemic, and the resultant and relating situation cannot be disregarded, either.

III. The Curia of Hungary calls upon the Penitentiary Unit of the Veszprém High Court to conduct ex post facto penitentiary judge proceedings in case No. 5.F.287/2020.