When Life Is a Sin, or the Criminalisation of Homelessness in Hungary
When Life Is a Sin, or the Criminalisation of Homelessness in Hungary

Summary/Abstract: In a legislative process that has been ongoing since 2010, Hungarian legislation has reached the point wherethe homeless lifestyle has become a criminal act in all public areas. The work seeks answers to two questions. One is how thecriminalisation of homelessness can be adapted to the principles and values of the constitutional rule of law and Europeanism.The other question focuses on where the boundaries of constitutional policing lie, i.e. whether the police can be authorisedto intervene to solve a social problem even in the absence of an emergency. The legislative process leading to criminalisationis presented, especially from the perspective of the police. Based on the investigation of the social function of the police, the answeris formulated that the seventh amendment of the Fundamental Law1 did not dispel all constitutional concerns; moreover, keepingin force the constitutional provisions that formed the basis of the previous Constitutional Court2 decision resulted in internalconstitutional tension. The limitations of constitutional policing become apparent, which makes it unsuitable for dealing withsocial life situations.

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