This offence typically arises after a workplace accident or a professional error. It is committed by anyone who, by breaching an occupational rule – for example a health and safety, construction, medical or technical regulation – directly endangers another person’s life, physical integrity or health, or causes bodily harm. The occupation can be any activity governed by rules, even unpaid.
Typical situations
- an accident on a construction site: a fall, a missing guardrail or fall protection;
- an injury caused by a machine, crane or forklift in a plant or warehouse;
- a medical or nursing error;
- improper handling of hazardous substances, firearms or explosives;
- a company director or foreman held liable for failing to ensure safe working conditions.
What is the penalty?
| Consequence | Negligent offence | Intentional endangerment |
|---|---|---|
| Direct danger or bodily harm | up to 1 year | up to 3 years |
| Permanent disability, serious damage to health or a mass accident | up to 3 years | 1–5 years |
| Death | 1–5 years | 2–8 years |
| Death of more than two people or a fatal mass accident | 2–8 years | 5–10 years |
The court may also ban the person from practising their occupation.
What does the defence look at?
- Which rule was broken, and whose duty was it to comply? Liability lies only with the person whose task it was to comply with the rule in question. The liability of a company director is not automatic.
- Causation: it must be proven that the accident occurred because of the breach, and not, for example, because of the victim’s own improper conduct.
- Health and safety records: training logs, risk assessments, issue of protective equipment – securing these quickly can be decisive.
- Experts: the health and safety, technical or medical expert opinion is often decisive, so the defence may put questions to the expert and request a counter-opinion.
Frequently asked questions
There was a workplace accident at the company. Can I be a suspect too? Yes, if it was your task to comply with or enforce the safety rules. In one of our own cases we proved that the managing director bore no liability.
Is this the same as causing a road accident? No: a road accident involves a breach of the traffic rules, while this offence involves a breach of the rules of an occupation.
Facing criminal proceedings in Hungary? Read more about your defence options and what to do next: Occupational endangerment – 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 →