Arrested for human smuggling in Hungary? English-speaking criminal defence lawyer, 0–24

If you or a family member has been arrested in Hungary on suspicion of human smuggling – as a driver stopped during a “ride” found online, or as a lorry driver with people discovered in the cargo area – the first hours matter. Custody, a suspect interview and a motion for pre-trial detention usually follow within days. Dr. László-Tamás Benő, criminal defence lawyer in Budapest, speaks English and Romanian and can assist you anywhere in Hungary, including the border regions, day or night.

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

Call now: Dr. László-Tamás Benő

When is it human smuggling under Hungarian law?

Human smuggling is committed by anyone who helps another person cross the state border in breach of the law (Section 353 of the Hungarian Criminal Code). This includes transporting people, organising the route, a meeting point or accommodation, and any other help with crossing the border. The offence can only be committed intentionally: the prosecution must prove that the accused knew, or at least reckoned with the possibility, that the passengers were crossing the border unlawfully.

A separate offence is facilitating unlawful residence (Section 354): helping a non-EU national, for money, to stay unlawfully in Hungary or another EU/EEA state – for example by arranging accommodation or onward travel – is a misdemeanour punishable by up to two years’ imprisonment.

What penalty can you face?

Case	Penalty
Basic offence	1–5 years’ imprisonment
For financial gain, helping several people, or damaging the border fence	2–8 years
With ill-treatment of the smuggled persons, armed, carrying a weapon, on a commercial basis or in a criminal conspiracy	5–10 years
Combination of the above aggravating circumstances	5–15 years
Organiser or leader of the aggravated cases	10–20 years
Preparation	up to 3 years

In practice, payment for the ride and several passengers are almost always present, so most driver cases fall within the 2–8 year range.

Expulsion: for a foreign national sentenced to imprisonment for human smuggling, expulsion from Hungary generally cannot be dispensed with. Its length is twice the prison sentence, but at least two years (Section 60 (2a)), and it can also be ordered against EU citizens.

The vehicle: anything used to commit the offence, including a vehicle, must be confiscated. However, if the vehicle does not belong to the accused and the owner did not know about the offence in advance, it cannot be confiscated (Section 72).

What happens after the arrest?

Custody: up to 72 hours, during which a court decides on pre-trial detention.
Interview with an interpreter: you have the right to use your own language and the right to remain silent.
Pre-trial detention: for foreign suspects the court often cites a risk of absconding. A defence lawyer must be present at the hearing, and less restrictive measures such as criminal supervision or bail can be requested.
Seizure: phones, the vehicle and cash are usually seized; messages, calls and location data become the main evidence.

More detail: Pre-trial detention in Hungary – Q&A · Human smuggling in Hungary – Q&A

What should you do now?

If you have been arrested

Ask for an interpreter and a lawyer; do not make a statement about the case before speaking to your lawyer.
Do not sign any document you do not understand.
Name a family member the authorities should notify, and ask for your consulate to be informed.

If a family member has been arrested

Try to find out which police or border police unit is handling the case and where your relative is held.
Call us immediately: as a family member you can instruct a lawyer on their behalf.

If people were found in your lorry

Keep the consignment notes, transport documents, tachograph data and messages with your client – they can prove you did not know about the passengers.
Note where and when you stopped on the way.

How we help

Immediate contact with the authorities and the detained client
Presence at the suspect interview
Representation at the pre-trial detention hearing; applications for criminal supervision or bail
Examining what the accused actually knew and their real role: a driver is not an organiser
Dealing with expulsion, confiscation of the vehicle and seized assets
Keeping the family informed in English and Romanian

Frequently asked questions

I didn’t know who I was driving. Can I be convicted?

Human smuggling can only be committed intentionally. If the accused did not know, and did not reckon with the possibility, that the passengers were crossing the border unlawfully, the offence is not established. The court assesses this from the circumstances (payment, route, the passengers’ behaviour, messages), so the defence must be prepared from the very first interview.

How long a sentence can I get?

The basic offence carries 1–5 years, but a paid ride with several passengers is already punishable by 2–8 years. On a commercial basis or in a criminal conspiracy, the range is 5–10 years.

Will I be expelled from Hungary?

For a foreign national, expulsion alongside a prison sentence is generally mandatory, for twice the length of the sentence but at least two years. Exceptions may apply, for example to persons granted asylum or those who have lived lawfully in Hungary for a long time.

Will they take my car?

A vehicle used for the offence must be confiscated if it belongs to the accused. If it belongs to someone else (for example a company or leasing firm) and the owner did not know about the offence, it cannot be confiscated.

Can I be released while the case is pending?

It is possible. Instead of pre-trial detention, criminal supervision or bail can be requested if the aim can be achieved by a less restrictive measure. A known address, stable circumstances and cooperation help.

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)

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