A new constitutional amendment forbids living in public space in Hungary from June 2018, from 15 October administrative and criminal sanctions are foreseen in the case of infringement of the legislation, with special rules for rough sleepers.
The legislation establishes how to determine that a person is living in public space and it describes the right of the municipalities to establish areas in which living in public space is forbidden.
If someone is found in breach of the law, they will automatically be steered to a public works scheme, which they could avoid if they pay a fine. If they refuse to participate in the public works they can be incarcerated. If a person is found to be in breach of the law for the third time, they can automatically be taken to prison.
Background information:
On the 30th September 2013, the Hungarian parliament approved a law which makes it possible to ban people from ‘habitually residing in public places’ because they have nowhere else to sleep. The law allowed local authorities to designate out-of-bounds areas for homeless people and fine or imprison them for being there. However, acts related to homelessness, such as begging or squatting are also targeted by provisions in criminal law.
- Anti-social behavior: In May 2012, the Act of Offences gave local authorities extended power to implement . A recently decision in November, 2012 annulled several portions of this law, especially in regards to occupation of public spaces. The punishment imposed through the Act of Offences includes fines and community service work. It is also able to convert fines imposed through the Act of Offences into prison time in case of non-payment of a fine.
- Begging: Types of begging targeted by the Act of Offences include begging with a child and aggressive begging as offences, punishable by on-the-spot fines.
- Squatting: the Act on Offences punishes the occupation of a building without the permission of the owner.
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