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National Crisis Management and Information Telephone Service

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Legislation and legal documents related to the work of the National Crisis Management and Information Telephone Service

I. Hungarian regulations

a) Domestic violence

  • ORFK directive No. 32 of 2007 (OT26) issued for the implementation of police duties related to the management of violence among relatives and the protection of minors Download PDF
  • Act LXXII of 2009 on restraining applicable due to violence among relatives Click here to view
  • Act C of 2012 of the Criminal Code, section 192 on trafficking in human beings, § 212 / A.  on domestic violence, § 222 on harassment  Click here to view
  • Act XIX of 1998, sections 138/A and 138/B on criminal proceedings, on restraining orders. Click here to view
  • ORFK directive No. 37 of 2009 (O22) issued for the implementation of police duties related to temporary preventative restraining orders applicable due to violence among relatives. Download PDF
  • Parliamentary Decree 30/2015 on the definition of national strategic goals to promote effective action against domestic violence. (VII. 7.) Click here to view

b) Human Trafficking

  • Act C of 2012 of the Criminal Code, section 192 on trafficking in human beings, Click here to view
  • Government Decree 354/2012 on the procedure for the identification of victims of human trafficking. (XII. 13.) Click here to view
  • Government Resolution 1351/2013. (VI. 19.) on the National Strategy for Combating Trafficking in Human Beings 2013–2016  Click here to view
  • Recommendation of the Commissioner for Media and Communications for reporting on trafficking in human beings and domestic violence Click here to view

c) Other important legislation

  • Act V of 2013 Book 4 of the Civil Code: Family Law Click here to view
  • Act XXXI of 1997 on the Protection of Children and Guardianship Administration Click here to view
  • Government Decree 149/1997. (IX. 10.) on the guardianship authorities and the child protection and guardianship procedure Click here to view

II. International legal documents (conventions, recommendations)

  • UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention) Click here to view
  • UN Convention on the Rights of the Child Click here to view
  • Recommendation Rec (2002) 5 of the Committee of Ministers of the Council of Europe to member states on the protection of women against violence Click here to view It is the task of the Member States to criminalize all forms of domestic violence.
  • Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention): Hungary signed the Treaty on 14 March 2014. English text Click here to view
  • Council of Europe Convention on Action against Trafficking in Human Beings (Warsaw Convention) Click here to view
  • Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA Click here to view

DEFINITION OF DOMESTIC VIOLENCE

According to the Criminal Code 212/A.

§ (1) Any person who, on a regular basis:

·         seriously violates human dignity or is engaged in any degrading and violent conduct,

·          misappropriates or conceals any assets from conjugal or common property, and thus causing serious deprivation, against the parent of his/her child, or against a family member, former spouse or domestic partner living in the same household or dwelling at the time of commission or previously, against his/her conservator, person under conservatorship, guardian or person under guardianship

is guilty of a misdemeanour punishable by imprisonment not exceeding two years, insofar as the act did not result in a more serious criminal offense.

DEFINITION OF HARASSMENT

According to the Criminal Code 222

  • (1) Any person who engages in conduct intended to intimidate another person, to disturb the privacy of or to upset, or cause emotional distress to another person arbitrarily, or who is engaged in the pestering of another person on a regular basis, is guilty of a misdemeanour punishable by imprisonment not exceeding one year, insofar as the act did not result in a more serious criminal offense.

(2) Any person who, for the purpose of intimidation:

  • conveys the threat of force or public endangerment intended to inflict harm upon another person, or upon a relative of this person, or
  • giving the impression that any threat to the life, physical integrity or health of another person is imminent,

is guilty of a misdemeanour punishable by imprisonment not exceeding two years.

(3) Any person who commits the act of harassment:

  • against his/her spouse or former spouse, or against his/her domestic partner or former domestic partner,
  • against a person under his/her care, custody, supervision or treatment, or
  • if abuse is made of a recognized position of trust, authority or influence over the victim,

 

shall be punishable by imprisonment not exceeding two years in the case provided for in Subsection (1), or by imprisonment not exceeding three years for a felony in the case provided for in Subsection (2).

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