Controversial decision: over 2000 foreign traffickers released from Hungarian prisons in 2023

In 2023, over two thousand foreign traffickers were set free from Hungarian prisons.

Since August last year, a monthly average of 127 foreign traffickers has been released from Hungarian prisons. The government justified the releases, citing the substantial cost of caring for these individuals, which amounts to billions of forints annually within the penitentiary system.

The National Command of the Penitentiary System (BvOP) informed hvg.hu that 2021 people smugglers were imprisoned last year. On average, four traffickers are released each day. Prior to this decision, foreigners comprised 13 percent of Hungary’s prison population, totalling 2,600 individuals, with the majority serving sentences for human trafficking.

In April 2023, the Hungarian government adopted a decree to place foreign national traffickers in so-called “reintegration detention”. According to this regulation, a trafficker convicted in Hungary, provided they have not committed other serious crimes, can leave prison by committing to leave the country within 72 hours. Formally termed “reintegration detention,” in practice, this allows the convicted person to go wherever they please. Failure to leave Hungary and subsequent apprehension result in a return to prison.

The Hungarian government defended its decision, citing budgetary constraints. Nevertheless, experts argue that the government’s refugee policy has contributed to the flourishing business of people smuggling. Since May 2020, asylum applications cannot be lodged at the border or in Hungary, creating a lucrative “market” for organised crime circles, as asylum seekers are deterred from pursuing legal avenues.

However, the government’s release of convicted people smugglers undermines the efforts of law enforcement, prosecutors and those aiding in apprehension.

The release of prisoners has drawn disapproval from the European Union, particularly neighbouring Austria. In May last year, the Austrian foreign ministry queried the Hungarian ambassador about the release of traffickers. The Austrian leadership expressed dissatisfaction with Hungary’s actions, given that a considerable number of illegal immigrants entering Austria do so through Hungary, which maintains a stringent anti-refugee policy.

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