Accused of theft from a vulnerable person (kifosztás) in Hungary? English-speaking criminal defence lawyer

Kifosztás is an offence specific to Hungarian law, somewhere between theft and robbery: there is no targeted violence as in robbery, but the offender takes advantage of the victim’s helpless state. The classification is often open to challenge.

Dr. László-Tamás Benő: +36 70 379 0245 (0–24)

Call now: Dr. László-Tamás Benő

What does Hungarian law say?

The offence (Section 366 of the Hungarian Criminal Code) is taking property from a person who was made drunk or drugged for that purpose, from someone still under the effect of earlier violence, or from a person unable to defend themselves (e.g. asleep, unconscious or elderly).

What penalty can you face?

Basic offence: 1 to 5 years
Substantial value, in a group, or to obtain money for drugs: 2 to 8 years
Particularly large value or a combination of aggravating factors: 5 to 10 years

Value thresholds (Section 459 of the Hungarian Criminal Code): small value HUF 50,001–500,000; larger value HUF 500,001–5,000,000; substantial value HUF 5–50 million; particularly large value HUF 50–500 million; particularly substantial value over HUF 500 million. This offence has no petty-offence form: it is a criminal offence regardless of value, even for items of very low value. A person is also considered unable to defend themselves if, because of their situation or condition (for example sleep or heavy intoxication), they cannot resist, temporarily or permanently (Section 459 (1) point 29).

What should you do now?

Do not make a statement without a lawyer.
Ask for an interpreter in your own language.
Ask for copies of the official records and call us before the interview.
If a family member has been detained in Hungary, find out where they are being held and call us immediately.

How we help

We explain every document and every step of the procedure in English
Challenging the legal classification (theft, kifosztás, robbery)
Examining the victim’s condition and the credibility of witnesses
Compensating the loss
Representation during the investigation and in court

Frequently asked questions

How is it different from robbery?

In robbery, violence is the means of taking the property; in kifosztás the offender takes advantage of an existing state of helplessness.

What is the penalty?

Basic offence: 1 to 5 years’ imprisonment.

I live abroad. Who will try my case?

An offence committed in Hungary is dealt with by the Hungarian authorities. We can represent you and keep you informed in English.

Call us now, day or night

Dr. László-Tamás Benő: +36 70 379 0245

Office: Falk Miksa utca 4, mezzanine 4, 1055 Budapest (by appointment only)

Benő & Willi Defence Attorneys