Hungary ratified the Council of Europe Cybercrime Convention on December 4, 2003

Penal Code

Criminal Conduct for Breaching Computer Systems and Computer Data

Section 300/C

(1) Any person who gains unauthorized entry to a computer system or network by compromising or defrauding the integrity of the computer protection system or device, or overrides or infringes his user privileges, is guilty of misdemeanor punishable by imprisonment not to exceed one year, work in community service or a fine.

(2) Any person who

a) Without permission alters, damages or deletes data stored, processed or transmitted in a computer system or network or denies access to the legitimate users,

b) without permission adds, transmits, alters, damages, deletes any data, or uses any other means to disrupt use of the computer system or network is guilty of misdemeanor punishable by imprisonment not to exceed two years, work in community service or a fine.

(3) Any person who, for financial gain or advantage,

a) alters, damages or deletes data stored, processed or transmitted in a computer system or network or denies access to the legitimate users,

b) adds, transmits, alters, damages, deletes data or uses any other means to disrupt use of the computer system or network,

is guilty of felony punishable by imprisonment not to exceed three years.

(4) The punishment for the criminal act defined in Subsection (3) shall be

a) imprisonment between one to five years if it causes considerable damage,

b) imprisonment between two to eight years if it causes substantial damage,

c) imprisonment between five to ten years if it causes particularly substantial damage.

Compromising or Defrauding the Integrity of the Computer Protection System or Device

Section 300/E

 (1) Any person who, for the commission of the criminal activities defined in Section 300/C,

a) creates,

b) obtains,

c) distributes or trades, or otherwise makes available

computer software, passwords, entry codes, or other data with which to gain access to a computer system or network is guilty of misdemeanor punishable by imprisonment not to exceed two years, work in community service or a fine.

(2) Any person who, for the commission of the criminal activities defined in Section 300/C, conveys his economic, technical and/or organizational expertise to another person for the creation of computer software, passwords, entry codes, or other data with which to gain access to a computer system or network shall be punished according to Subsection (1).

(3) In the case of Paragraph a) of Subsection (1), any person who confesses to the authorities his involvement in the creation of any software, password. entry code, or other data with which to gain access to a computer system or entire computer network before the authorities learned of such activities through their own efforts, and if the person surrenders such produced things to the authorities and assists in the efforts to identify the other persons involved, shall be exonerated from punishment.