Abstract

During the COVID 19 pandemic, on 1 of May 2021, the Hungarian Government adopted the Decree No. 220/2021 which was based on the regulations of the Hungarian Constitution regarding the rules on special legal order. According to these rules, during a time of the special legal order, the government has right to make decrees in legal fields which need to be regulated by act. The Hungarian Government had inserted new crimes into the system of the Hungarian criminal law by the statute mentioned above, which was in force during the time of the special legal order announced in connection with the pandemic. With this step, the Hungarian Government had revalued the principle of „nullum crimen”, which is one of the most important principles in the system of substantive criminal law. This paper aims to present the legal problem and the answer of the Hungarian Constitutional Court to it.

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