Bill to Strengthen Laws against Drug Trafficking Submitted

On Tuesday, Fidesz MP László Horváth, Government Commissioner for the Elimination of Drug Trafficking, submitted a proposal to parliament initiating amendments related to the prohibition of drug production, use, distribution, and promotion. The penalties for consumers who identify their dealer to the authorities could become fully mitigable, and businesses that are linked to drug-related offenses at least twice within a year could face temporary closure in the future.

Published on parliament’s website, the bill states that the government has declared zero tolerance against drugs and aims for the complete eradication of drug use, distribution, and promotion. The proposal states that “drugs severely harm health, kill people, lead to crimes, accidents, a general deterioration of public safety, and tragedies,” and the spread of psychoactive substances is increasingly endangering more people, including younger age groups and even children.

The amendments affect laws related to law enforcement, healthcare and the handling of associated personal data, organized crime, and the Criminal Code.

In the future, the police would be able to detain individuals in public places or on public premises in an altered state of consciousness for up to 72 hours.

This will be in effect if they exhibit behavior that severely harasses others or seriously disturbs public order, if they require repeated police intervention, or if after being taken to a sobering-up station or medical institution, they refuse to cooperate with the staff. Public safety detention would take place in police custody, a sobering-up station, or a healthcare facility and end when a doctor deems medical care unnecessary, a legal measure is imposed, or 72 hours pass, with no option for appeal or judicial review.

A new coercive measure called “crime prevention supervision” would be introduced for drug use or possession, which would be ordered by the prosecution for three months and could be extended once. This would not affect freedom of movement or residence but would impose only reporting and passive cooperation obligations. However, it would not be applicable to soldiers or minors.

The bill would amend the definition of drugs in the current Criminal Code, maintaining that

“traditional” narcotics listed in the regulations and newly classified psychoactive substances would continue to be considered drugs.

However, the definition would also include other psychoactive substances that are not intended for human consumption but can induce intoxication.

The amendments would tighten the provisions of the Criminal Code by stipulating that those convicted of drug trafficking as repeat offenders (for the second time) would not be eligible for parole. The justification states that this restriction has so far only applied to multiple repeat offenders and violent multiple repeat offenders.

The bill would also allow the confiscation of vehicles, equipment, devices, and properties used in drug trafficking or production.

Certain crimes—such as homicide, serious and minor bodily harm—would be supplemented with a new aggravated category, specifically naming cases where the offense is committed in connection with drugs.

The proposal would enable the application of a “banishment” penalty against drug traffickers, meaning that those convicted could be banned from one or more settlements or designated parts of the country for up to five years.

The Criminal Code would be expanded with a new offense called “abuse of psychoactive substances,” which would make the offering, transfer, sale, or trade of intoxicating substances not classified as drugs and not intended for human consumption punishable by up to two years in prison. If the substance was made available to more than ten people, the penalty would be up to three years in prison.

The penalties for drug users who are willing to disclose the identity of their dealer or supplier to the authorities would become fully mitigable. However, the possibility of diversion programs would be narrowed: in the future, they would only be available to individuals who fully disclose the circumstances of their offense and enable the identification of the drug trafficker.

Diversion programs could be used at most twice, after which stricter criminal liability would apply in all cases.

The amendments to healthcare data regulations would require that in the future, a treating physician must notify the legal guardian if they become aware of drug intoxication while treating a minor.

The possibility of temporary business closures by municipal authorities would be extended to all drug-related crimes, including those involving new psychoactive substances. This means that if a business is associated with drug-related offenses at least twice within a year, the local authorities would be required to order its temporary closure for at least six months and up to one year. Additionally, a written notice explaining the reason for the closure would have to be placed at the business entrance in a clearly visible manner.

Via MTI; Featured picture: Pexels