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Hungary has amended its Criminal Code (Act C of 2012), significantly broadening the scope of environmental offences and introducing tougher penalties. The changes mean that environmental breaches previously treated mainly as administrative compliance issues may now also give rise to criminal liability for both the individuals involved and the companies on whose behalf they act.
These criminal-law changes come against the backdrop of a broader tightening of environmental enforcement. Significantly higher environmental fines are already in force as of 25 October 2026, and a national environmental authority is scheduled to begin operating on 1 January 2027. For more details, see our earlier article: https://www.schoenherr.eu/content/hungary-overhauls-environmental-enforcement-and-launches-concession-reviews
Broader scope of environmental damage and stricter penalties
One of the key changes is that environmental damage is no longer linked to significant pollution exceeding emission limits. Under the amended rules, a breach of any requirement serving, directly or indirectly, to protect the environment may be sufficient to trigger liability if it endangers soil, water, air (including the climate), wildlife or ecosystems. Such requirements include those set out in legislation, an official decision or directly applicable EU law.
For example, a factory may comply with its emission limits but fail to meet a permit condition requiring the proper maintenance of a chemical containment basin. If this failure endangers groundwater, it may now trigger criminal liability even where no emission limits have been exceeded.
The amendment also introduces new aggravated cases. Where the offence causes or risks causing permanent disability or serious health impairment, the penalty is one to five years' imprisonment. Where it results in death, the penalty increases to five to ten years. Negligent commission of the offence remains punishable, including in cases resulting in death.
Importantly, the law continues to reward swift action. An offender who eliminates the danger or restores the environment before the first-instance judgment is exempt from punishment for the basic offence. Where the damage can be remedied through intervention, the offender's sentence may be mitigated without limit. Fast, well-documented remediation is therefore a crucial part of any defence strategy.
New criminal offences for breaches of EU environmental rules
The amendment introduces a new offence covering certain breaches of EU environmental regulations, punishable by up to five years' imprisonment. These include unlawful activities involving fluorinated greenhouse gases (F-gases), as well as certain violations of the EU Ship Recycling Regulation and the EU Deforestation Regulation (EUDR). The previously existing offence relating to ozone-depleting substances is absorbed into this new offence, with higher penalties.
Apart from ship recycling, these offences are also punishable when committed through negligence, carrying a penalty of up to two years' imprisonment. In practice, installers or importers of cooling equipment or heat pumps that fail to comply with F-gas rules may now face criminal liability even where the breach results from carelessness rather than intent.
Stronger protection for nature and protected areas:
The amendment also strengthens criminal protection for Natura 2000 sites, protected natural areas and habitats, introducing penalties of up to eight years' imprisonment for particularly serious damage. It further extends the rules to certain wildlife-related offences and makes extended confiscation of assets mandatory where offences against protected species are committed in the course of business activities. This may be particularly relevant to large-scale investments and infrastructure projects located in or near Natura 2000 sites. Under the new rules, even disturbing animals belonging to certain specially protected species may have consequences under the Criminal Code. Construction, quarrying, energy and agricultural projects located in or near protected areas should therefore assess potential impacts on protected habitats and species at an early stage.
Key takeaways
The recent amendments raise the stakes for environmental compliance in Hungary on both the criminal and administrative fronts. Criminal exposure may arise not only from serious pollution, but also from breaches of environmental permit conditions, certain EU environmental rules and offences affecting protected species or areas. At the same time, higher administrative fines are already in force, increasing businesses' financial exposure.
Businesses should treat environmental compliance as a priority legal and financial risk and take proactive steps to mitigate potential exposure. This includes mapping all environmental obligations at each site, covering not only emission limits but also permits, official decisions and orders; ensuring incidents are reported and remediated promptly, with every step properly documented; reviewing supply chains and products involving F-gases, ozone-depleting substances and EUDR commodities; and clearly allocating and documenting responsibility for environmental compliance within the organisation.
Authors: Emese Borbély and Bernadett Dobra
Gergely
Horváth
Attorney at Law
hungary