„The Potential of Criminal Powers is not Unlimited ...” – Thoughts on the Abuse by Establishing Family Relations

Abstract

As from 1 July 2013, the Hungarian Criminal Code contains a new paragraph on abuse by establishing family relations: “Person above the age 18, who, for financial gain, establishes a family relationship or takes a full force paternity statement only for the issuance of residence documents, if no more serious crime is realized, such offense can be punished with two years of imprisonment.” However, analysing the elements of the legal act and the accumulated experience, the following question arises: Is it really a good decision to criminalise this phenomenon?