Disorderly conduct under Hungarian criminal law

Disorderly conduct (garázdaság) is committed by anyone who displays provocatively anti-social, violent behaviour capable of causing outrage or alarm in others. The violence can be directed at people or at objects – smashing things in a bar or a scuffle in the street can be enough. Disorderly conduct can only be established if no more serious offence (for example grievous bodily harm) has been committed.

Typical situations

  • a fight or pushing and shoving at a bar, festival or match;
  • smashing objects in a public place, damaging a car during an argument;
  • aggressive behaviour on public transport or in a shop;
  • physical violence arising from a traffic dispute (“road rage”).

What is the penalty?

CasePenalty
Basic case (misdemeanour)up to 2 years
In a group, armed, carrying a weapon, seriously disturbing public peace, or at a public event or assemblyup to 3 years

Minor bodily harm or criminal damage often appears in the suspicion alongside disorderly conduct. Disorderly conduct is prosecuted ex officio: reconciliation with the victim does not end the proceedings.

What does the defence look at?

  • Was it “provocatively anti-social”? An argument between two people on private property with no onlookers is often not disorderly conduct. Court practice examines this in detail.
  • Who was the instigator? Self-defence and provocation can exclude or reduce liability. Finding CCTV footage and witnesses quickly is decisive.
  • “Carrying a weapon”: this aggravating circumstance depends on the nature of the object and the intention to use it, and can be disputed.
  • Fast-track procedure: in simple cases a procedure based on admission or a conditional suspension by the prosecutor may also be possible.

Frequently asked questions

I was arrested after a fight – what happens now? Usually an interview as a suspect follows, and in more serious cases detention. Ask for a lawyer before the interview and do not discuss the case at the scene.

I only shouted, I did not hit anyone. The absence of violence generally rules out disorderly conduct; at most a petty offence (such as breach of the peace) may then apply.

Facing criminal proceedings in Hungary? Read more about your defence options and what to do next: Disorderly conduct – defence lawyer →

The full text of the relevant provisions of the Hungarian Criminal Code is available on the Hungarian version of this page. This article is for general information only and does not constitute legal advice.


About the author: Dr. László-Tamás Benő is a criminal defense lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defense lawyer since 2002, representing clients in more than 4,000 criminal cases. Contact →



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