Hungary

Death Penalty 100/100

1 Does the country retain the death penalty for drug offences? No

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Hungary is not listed as one of the states that retains the death penalty for drug offences in Harm Reduction International's (2021) The Death Penalty for Drug Offences: Global Overview 2020.

2 What is the extent of death penalty application for drug offences in the country? N/A

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Not Applicable

Extra-Judicial Killing 100/100

3 To what extent is the practice of extra-judicial killing prevalent in the course of military and police anti-drug activity? Not at all

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Militarised Policing 50/100

4 To what extent are military or special security forces are involved in drug operations? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Life Sentencing 58/100

5 Is there provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences? Yes

source: GDPI Coding Team.

The Hungarian Criminal Code 2012 (177.2) states that offenders may be sentenced to life imprisonment for crimes involving a substantial quantity of drugs.

6 Where there is provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences, what is the nature of such sentences? Life Without Parole

source: GDPI Coding Team.

Source: Dirk van Zyl Smit and Catherine Appleton, Life Imprisonment: A Global Human Rights ANot Applicablelysis (2019), Appendix A.

7 How frequently are formal life sentences imposed for drug use and personal possession offences? Never

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

8 How frequently are formal life sentences imposed for drug supply offences (production, dealing, or trafficking)?  Very Rarely

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Non-consensual confinement 75/100

9 To what extent is there a practice of non-consensual confinement in compulsory drug treatment centres? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Human Rights Violations 66/100

1 How often are suspects in drug cases subject to violence or torture by the police? Very Rarely

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

2 To what extent does arbitrary arrest and detention for drug offences exist? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

3 What is the country's score on the World Bank Fair Trial Indicator? Moderately Restricted

source: World Bank Data Repository: https://tcdata360.worldbank.org/indicators/hd45eb4d6?country=BRA&indicator=41895&viz=line_chart&years=1975,2019

The courts are generally independent of the government, but the justice system is characterized by moderate degrees of corruption or inefficiency.

Equity of Impact of Criminal Justice Response 25/100

4 To what extent does enforcement of drug policy disproportionately impact certain ethnic groups?  To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

5 To what extent does enforcement of drug policy disproportionately impact women?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

6 To what extent does enforcement of drug policy disproportionately impact low-income groups? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Mandatory minumum sentencing and pre-trial detention 37/100

7 Do the state’s drug laws or legal frameworks include mandatory minimum sentences for any drug offences? Yes

source: GDPI Coding Team.

Criminal Code 2012 (176.2): 5-10 years in prison in drug-related offences involving accomplices, conducted by a government official, or involving a member of the armed forces. 176.3: 5-20 years in prison for offences involving large quantities of drugs. 177.1: 5-10 years in prison for offering or selling drugs to minors.

8 For states whose drug laws or legal frameworks include mandatory minimum sentences for any drug offences, does this relate to first offences or multiple offences? Mandatory Minimum Sentences Apply to the First Offence

source: GDPI Coding Team.

Criminal Code 2012 (176.2-3): all instances of mandatory minimum sentences mentioned concern first offences. However, mandatory sentences for minor drug offences only come into force from the second offence onwards. As mandatory minimum sentences exist for first offences, the coding choice reflects this.

9 Do the state’s laws include mandatory pre-trial detention for drug offences? No

source: GDPI Coding Team.

Act XIX of 1998 on Criminal Proceedings (129.2): pre-trial detention may only be ordered in cases where offenders are likely to flee, have previously attempted to evade court, would continue to upset the peace if free, or would be able to complete a criminal act if free.

Alternatives to arrest/prosecution/conviction/punishment 59/100

10 Is there any provision in state criminal justice policy for alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences? Yes

source: GDPI Coding Team.

Criminal Code 2012 (180.2a): treatment exists as an alternative to incarceration in cases involving small quantities of drugs.

11 Do alternatives exist at the point of initial contact with law enforcement (i.e., the police or other law enforcement officers) – before arrest and/or prosecution? No

source: GDPI Coding Team.

Criminal Code 2012 (180.2a): while treatment exists as an alternative to incarceration in cases involving small quantities of drugs, this ruling is made prior to sentencing and therefore occurs after an arrest has been made and charges levied. As such, the arresting officer does not have the ability to employ discretion.

12 Do alternatives exist after the point of arrest, but before conviction or formal criminal court proceedings? No

source: GDPI Coding Team.

Criminal Code 2012 (180.2a): while treatment exists as an alternative to incarceration in cases involving small quantities of drugs, this ruling is made prior to sentencing and therefore occurs after an arrest has been made and charges levied. As such, police officers do not have the power to enact alternative approaches.

13 Where individuals are convicted with a final sentence (courts), are there alternatives to incarceration for drug offences? Yes

source: GDPI Coding Team.

Criminal Code 2012 (180.2a): a sentence of treatment can be brought down by a judge in lieu of incarceration in cases involving small quantities of drugs.

14 Do alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements?  Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

15 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, is relapse / non-attendance / treatment “failure” associated with subsequent imprisonment or punishment? Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

16 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, are a range of treatment options and modalities made available to people based on their clinically assessed need or preferences? Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

Extent of imprisonment of individuals involved in non-violent drug-related offences 50/100

17 To what extent does the pursuit of state drug policy result in the imprisonment of non-violent offenders? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Decriminalisation Policy 0

18 Is there a provision in national legislation or in official national policy documents for the decriminalisation of drug use and the possession of drugs for personal use?  No

source: GDPI Coding Team.

Criminal Code 2012 (178): the possession of any drugs, irrespective of class or quantity, is a criminal offence. Though treatment is offered in lieu of imprisonment in first offences involving small quantities of drugs (180.2a), possession is still a criminal offence warranting arrest and a court date.

19 What % of the population live in a state/territory with decriminalisation provisions? N/A

source: GDPI Coding Team.

Not Applicable

20 For states or sub-national units with decriminalisation, what substances are decriminalised? N/A

source: GDPI Coding Team.

Not Applicable

21 Where there are administrative (non-criminal) sanctions for drug use and possession for personal use, what is the severity of these sanctions? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

22 To what extent has decriminalisation in this state been effective in diverting people who use drugs away from the criminal justice system? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Extent to which State Policy Prioritises Harm Reduction for People Who Use Drugs 21/100

1 Is there an explicit supportive reference to harm reduction in national policy documents? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2027

2 Are people who use drugs included in the HIV national strategic plan? Coding Team Unable to Find Plan

source: GDPI Coding Team.

No explicit, national HIV plan exists for Hungary. Additionally, expert advisors were unaware of an initiative to implement one.

3 In states where people who use drugs are included in the HIV national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? N/A

source: GDPI Coding Team.

Not Applicable

4 Are people who use drugs included in the Hepatitis-C national strategic plan? Coding Team Unable to Find Plan

source: GDPI Coding Team.

While the National Anti-drug Strategy 2013-2020 identifies injection drug users as being particularly susceptible to hepatitis-C (pp. 16-17), no explicit, national action plan to tackle the problem exists.

5 In states where people who use drugs are included in the Hepatitis-C national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? N/A

source: GDPI Coding Team.

Not Applicable.

6 Are people who use drugs included in the Tuberculosis national strategic plan? No

source: GDPI Coding Team.

There is no national action plan regarding tuberculosis. The National Anti-Drug Strategy 2013-2020 concedes that there is no reliable information on Tuberculosis amongst drug users (p. 17). Moreover, as of 2012, the WHO urged Hungary to develop a national tuberculosis plan, as one had yet to be devised (https://drive.google.com/file/d/1kDAW_nvZ8LXfdwYyDRkAdCHBv9Fdlv_p/view?usp=sharing).

7 In states where people who use drugs are included in the Tuberculosis national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? N/A

source: GDPI Coding Team.

Not Applicable.

Harm Reduction Funding 11/100

8 How Adequate Are Levels of Harm Reduction Funding Relative to Estimated Need? Moderately low

source: Harm Reduction International GDPI team

Estimated by Harm Reduction International at between 30-49% of harm reduction resource needs met (see project methodology for details)

9 Which of the following best describes the sustainability of harm reduction funding in the state over the next 3-5 years? Severe reductions anticipated

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Harm Reduction Intervention Availability and Coverage 32/100

10 Is at least one needle and syringe programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2027

11 Which of the following best describes the availability of needle and syringe programmes for people who inject drugs? Very limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

12 Is at least one opioid agonist therapy programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2027

13 Which of the following best describes the availability of opioid agonist therapy programmes for people who use opioid drugs? Limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

14 Is peer distribution of naloxone available in this state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2027

15 Which of the following best describes the availability of naloxone for people who use opioid drugs? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

16 Is at least one in-prison needle and syringe programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2027

17 Which of the following best describes the availability of needle and syringe programmes to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

18 Is at least one in-prison opioid agonist therapy programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2027

19 Which of the following best describes the availability of opioid agonist therapy to people in prison? Very limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

20 Is at least one drug consumption room operational in ths state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2027

21 Which of the following best describes the availability of drug checking services to people who use drugs? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to Harm Reduction Services 49/100

22 To what extent are there disparities in access to harm reduction services due to individuals’ ethnicity? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

23 To what extent are there disparities in access to harm reduction services for women, including during pregnancy? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

24 To what extent are there disparities in access to harm reduction services due to individuals’ sexual orientation and/or gender identity?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Policy prioritisation of availability and accessibility of controlled medicines for the relief of pain and suffering 42/100

1 Is there an explicit provision in national legislation (or in official national policy documents and regulatory instruments) that establishes the government’s obligation to make adequate provision to ensure the availability of controlled medicines for the relief of pain and suffering? Yes

source: GDPI Coding Team.

National Anti-drug Strategy 2013-2020 (p. 51): "free access to opiate-based medicines shall be always ensured to all people in need".

2 Is there an approved national medicines policy plan that recognises the importance of the availability and accessibility of controlled medicines for the relief of pain and suffering? No

source: GDPI Coding Team.

Though the National Anti-drug Strategy 2013-2020 makes clear the government's obligation to provide controlled medicines for pain relief (p.51), no national medicines plan exists to regulate this. This is in keeping with the opaque nature of Hungarian national drug policy since 2012.

3 To what extent does the policy-making process relating to controlled medicines meaningfully include stakeholders such as medical boards, health professionals (including pharmacists), patients, and representatives of patients?  To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

De facto availability and accessibility of controlled medicines for the relief of pain and suffering 50/100

4 What range of narcotic drug consumption does the state fall into? Moderate Access

source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

Source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

5 To what extent are there geographic disparities in access to controlled drugs for the treatment of pain? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to controlled medicines for the relief of pain and suffering 50/100

6 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ gender? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

7 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ socio-economic status? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

8 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ ethnicity? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

9 To what extent are there disparities in access to opioid analgesics for the treatment of pain for people who use drugs? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Filter Question for 'Development' Dimension N/A

1 Does the country include ‘alternative development’ or ‘sustainable development’ programmes to provide alternatives to the cultivation of crops used for illegal drug production? No

source: GDPI Coding Team.

No reference to sustainable/alternative development approaches to crop cultivation in legislation. This was confirmed by the GDPI expert survey.

Alternative Development Policy Design N/A

2 Are Alternative Development policies and programmes embedded within a broader development programme? N/A

source: GDPI Coding Team.

Not Applicable

3 To what extent are local communities, participants, and (where applicable) indigenous and minority groups meaningfully included in the design, implementation, monitoring, and evaluation of alternative development policies and programmes? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

4 To what extent is the protection of the environment prioritised in alternative development policy and programmes?   N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

5 To what extent does alternative development operate within a framework of militarized/security sector operations as part of security policy? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Management of Crop Eradication N/A

6 Does alternative development policy include provisions for forced crop eradication? N/A

source: GDPI Coding Team.

Not Applicable

7 Where provision is made for forced crop eradication, does policy also make provision for aerial spraying in forced crop eradication? N/A

source: GDPI Coding Team.

Not Applicable

8 To what extent are alternative development programmes sequenced to ensure that targeted households have adopted viable and sustainable livelihoods in advance of any crop eradication efforts? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Efficacy of alternative development policy for key beneficiaries N/A

9 To what extent do alternative development policies and programmes facilitate the empowerment of women? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

10 To what extent do alternative development policies and programmes benefit young people? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

11 To what extent do alternative development policies and programmes implement a successful ‘pro-poor’ strategy? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable