The Constitutional Court invalidated some paragraphs of the Penal Code that were introduced by the Péter Medgyessy-led coalition government in 2002. The Court’s move reinstated the Penal Code’s previous tough stance against drug use, leaving no way for education, but for punishment.
“The government’s policy on drugs has not changed and it doesn’t want to return to the unacceptable policy of the conservative [Fidesz-led] government that used only punishment,” said Prime Minister Ferenc Gyurcsány in reaction to the Court’s decision.
While the Constitutional Court did not accept all five motions forwarded by Fidesz, it invalidated several paragraphs passed by the Socialist-Free Democrat majority in 2002, and called attention to several issues, on which the government will have to submit amendments that observe international treaties.
The most important change the Court insists on is leaving no way out of punishment in some distinct cases. For example, if drug use is committed in a group, the Court would not accept that punishment can be avoided by taking part in curative and educational treatment. The Court also invalidated a paragraph that treated individual drug making and consumption as minor offense.
While the Court suggested distinction be made between light and hard drugs, it did not suggest making any difference in punishment on the basis of drug types.