THE RELATIONSHIP BETWEEN THE IRREGULAR MIGRATION AND CRIMINAL LAW IN HUNGARY

Abstract

In 2015, the irregular migratory flow marked a beginning of a new era in the history of the European migration. In many European countries, including in Hungary, the public opinion related to this phenomenon has forced the legislators to take the necessary measures against it. In Hungary, among others, the criminal law was also in focus. The first step was the construction of the physical border fence, and as a second stage, the Hungarian Parliament adopted a legal framework on its protection. In accordance with this step, new crimes - and in connection with them - a new special criminal procedure inserted into the Hungarian Criminal Code and into the Hungarian Act on Criminal Procedure, which entered into force in 15 September 2015. The crimes mentioned were the following: unlawful crossing the border barrier, damaging the border barrier and the obstruction on construction work of the border barrier. According to the relevant official statistical data the number of crimes against the border barrier decreased significantly for the past few years. Therefore the aim of the paper � after the presentment of the Hungarian legal background - is to examine the mentioned criminal legal amendments, and to make conclusions based on the criminal statistical data published by the Hungarian authorities.