Potential Connections Between Asylum Law and Criminal Law in Hungary

Abstract

In regard to illegal immigration into the territory of Europe, the view that the activities of law enforcement authorities aiming at combating irregular migration should be supported by means of criminal law has come to the fore, both in professional discussions and in scientific thought. Asylum rules, however, may function as specific restrictions in the implementation of criminal law provisions. This means, on the one hand, that in certain cases an opportunity should be given to establish someone’s criminal liability even within asylum law. On the other hand, when creating criminal law provisions, the development of means for preventing the criminalisation of factual acts accomplished in order to gain asylum should be taken into consideration.