judge Agnes GALAJDA Supreme Court of Hungary Legislation on domestic violence (Problems and possibilities in adjudication) Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Problems with evaluating the phenomenon of domestic violence Does the legislation in force give adequate answers to this problem? (Violence in domestic environment does it differ from other types of violence sanctioned in the Criminal Code?) Does the legislation in force give adequate answers to this problem? (Violence in domestic environment does it differ from other types of violence sanctioned in the Criminal Code?) Guarantees of personal rights of offenders (political, social reasons) Guarantees of personal rights of offenders (political, social reasons) How to safeguard the personal rights and privacy rights of the individual? How to safeguard the family life? How to safeguard the personal rights and privacy rights of the individual? How to safeguard the family life? Social traditions Social traditions Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Answers offered by the justice system in the present situation Conferences (disseminating knowledge, introduction of new instruments) Conferences (disseminating knowledge, introduction of new instruments) Trainings (occasional, regular) Trainings (occasional, regular) Horizontal cooperation among institutions working in the justice system Horizontal cooperation among institutions working in the justice system Cooperation with non-governmental organizations Cooperation with non-governmental organizations Training programs elaborated with the cooperation of NGOs Training programs elaborated with the cooperation of NGOs Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Professional conferences between 2004 and 2007 One-day conference with judges, prosecutors, policemen and NGO representatives. One-day conference with judges, prosecutors, policemen and NGO representatives. Three-day conference on domestic violence and trafficking in human beings. State institutions and NGOs, together with representatives of Vital Voices Global Partnership (USA). Three-day conference on domestic violence and trafficking in human beings. State institutions and NGOs, together with representatives of Vital Voices Global Partnership (USA). Three-day training for judges on victim protection, with special emphasis on problems on domestic violence and trafficking in human beings. Three-day training for judges on victim protection, with special emphasis on problems on domestic violence and trafficking in human beings. Three-day training for judges organized by NANE under the European Commission’s Daphne Program. Three-day training for judges organized by NANE under the European Commission’s Daphne Program. One-day conference on the new instruments in the criminal procedure law, to introduce mediation and restraining orders. One-day conference on the new instruments in the criminal 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 several levels social social legislative legislative training of judges (and other professionals) training of judges (and other professionals) Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Limits of usefulness of training There are no specialized family courts in Hungary There are no specialized family courts in Hungary There are no judges commissioned to work with such cases (without legislative provisions domestic violence cases can not be identified in the court administration) There are no judges commissioned to work with such cases (without legislative provisions domestic violence cases can not be identified in the court administration) Training of judges is voluntary only Training of judges is voluntary only Change of attitude is very slow, “classical” principles of criminal law are difficult to rely upon Change of attitude is very slow, “classical” principles of criminal law are difficult to rely upon Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Possibilities offered by the present legislative environment Filing a complaint in accordance with the present criminal legislation (question of private motion, private complaint) Filing a complaint in accordance with the present criminal legislation (question of private motion, private complaint) Restraining orders (as of July 1, 2006) Restraining orders (as of July 1, 2006) Harassment as a crime (as of January 1, 2008) Harassment as a crime (as of January 1, 2008) Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008)

Problems with legal provisions on restraining orders Problems with legal provisions on restraining orders Regional Conference on Legal Reform on Domestic Violence (Sofia – February 12-14, 2008) It is considered as an enforcement measure It is considered as an enforcement measure Only a judge can introduce Only a judge can introduce Only in criminal cases that are sanctioned by prison term Only in criminal cases that are sanctioned by prison term Duration only 10 to 30 days Duration only 10 to 30 days

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