Szükség volt-e a Btk. 226. § (3) bekezdés bevezetésére?

In the summer of 2023 the Parliament created a new ground for refusal of illegality with paragraph (3) of Article 226 of the Criminal Code. According to the justification of the Act XXX of 2023 the modification is in line with the practice of the European Court of Human Rights and the Constitutional Court. If we look at the constitutional requirements, it will be clear that the Parliament departed from those in some sort. At the end of this study the readers will be convinced that the question in the title is rather rhetorical. In my view the modification was not thought-out. The paragraph (3) of Article 226 of the Criminal Code stands the proof neither with the criminal dogmatic, nor with the constitutional requirements. If the legislator decides for the codification, it should return to the constitutional requirements regarding the defamation and the libel.