judge Agnes GALAJDASupreme Court of Hungary

Legislation on domestic violenceLegislation on domestic violence (Problems and possibilities in adjudication) (Problems and possibilities in adjudication)

Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Problems with evaluating the Problems with evaluating the phenomenon ofphenomenon of domestic violence domestic violence

DDoes the legislation in force give adequate oes the legislation in force give adequate answers to this problem? (Violence in answers to this problem? (Violence in domestic environment does it differ from domestic environment does it differ from other types of violence sanctioned in the other types of violence sanctioned in the Criminal Code?)Criminal Code?)

Guarantees of personal rights of offenders Guarantees of personal rights of offenders (political, social reasons)(political, social reasons)

How to safeguard the personal rights and How to safeguard the personal rights and privacy rights of the individual? How to privacy rights of the individual? How to safeguard the family life?safeguard the family life?

Social traditionsSocial traditions Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Answers offered by the justice system in Answers offered by the justice system in the present situationthe present situation

Conferences (disseminating knowledge, Conferences (disseminating knowledge, introduction ofintroduction of new instruments)new instruments)

Trainings (occasional, regular)Trainings (occasional, regular) Horizontal cooperation among institutions Horizontal cooperation among institutions

working in the justice systemworking in the justice system Cooperation with non-governmental Cooperation with non-governmental

organizationsorganizations Training programs elaborated with the Training programs elaborated with the

cooperation of NGOscooperation of NGOs

Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Professional conferences between Professional conferences between 2004 and 20072004 and 2007

One-day conference with judges, prosecutors, policemen and One-day conference with judges, prosecutors, policemen and

NGO representatives.NGO representatives.

Three-day conference on domestic violence and trafficking in Three-day conference on domestic violence and trafficking in

human beings. State institutions and NGOs, together with human beings. State institutions and NGOs, together with

representatives of Vital Voices Global Partnership (USA).representatives of Vital Voices Global Partnership (USA).

Three-day training for judges on victim protection, with special Three-day training for judges on victim protection, with special

emphasis on problems on domestic violence and trafficking in emphasis on problems on domestic violence and trafficking in

human beings.human beings.

Three-day training for judges organized by NANE under the Three-day training for judges organized by NANE under the

European Commission’s Daphne Program.European Commission’s Daphne Program.

One-day conference on the new instruments in the criminal One-day conference on the new instruments in the criminal

procedure law, to introduce mediation and restraining orders.procedure law, to introduce mediation and restraining orders.

Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Reaction to the phenomenon on Reaction to the phenomenon on several levelsseveral levels

ssocialocial

legislativelegislative

training of judges (and othertraining of judges (and other

professionals)professionals)

Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Limits of usefulness of trainingLimits of usefulness of training

There are no specialized family courts in There are no specialized family courts in HungaryHungary

There are no judges commissioned to work There are no judges commissioned to work with such cases (without legislative with such cases (without legislative provisions domestic violence cases can not provisions domestic violence cases can not be identified in the court administration)be identified in the court administration)

Training of judges is voluntary onlyTraining of judges is voluntary only Change of attitude is very slow, “classical” Change of attitude is very slow, “classical”

principles of criminal law are difficult to rely principles of criminal law are difficult to rely uponupon

Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Possibilities offered by the present Possibilities offered by the present legislative environmentlegislative environment

Filing a complaint in accordance with Filing a complaint in accordance with

the present criminal legislation the present criminal legislation

(question of private motion, private (question of private motion, private

complaint)complaint)

Restraining orders (as of July 1, 2006)Restraining orders (as of July 1, 2006)

Harassment as a crime (as of January 1, Harassment as a crime (as of January 1,

2008)2008) Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Problems with legal provisions on Problems with legal provisions on restraining ordersrestraining orders  

Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

It is considered as anIt is considered as an enforcement measureenforcement measure

Only a judge can introduceOnly a judge can introduce

Only in criminal cases that are sanctioned by Only in criminal cases that are sanctioned by

prison term prison term

DDuration only 10 to 30 daysuration only 10 to 30 days

Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Statistical analysis on restraining orders

34

114

24

77

0

20

40

60

80

100

120

2006. 2007.

Requests submitted tocourts

Requests granted bycourts