judge Agnes GALAJDA

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Legislation on domestic violence (Problems and
possibilities in adjudication)

• judge Agnes GALAJDA
• Supreme Court of Hungary

Regional Conference on Legal Reform on Domestic
Violence (Sofia February 12-14, 2008)
2

• 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?)
• 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?
• Social traditions

Regional Conference on Legal Reform on Domestic
Violence (Sofia February 12-14, 2008)
3

• Answers offered by the justice system in the
  present situation
• Conferences (disseminating knowledge,
  introduction of new instruments)
• Trainings (occasional, regular)
• Horizontal cooperation among institutions working
  in the justice system
• Cooperation with non-governmental organizations
• Training programs elaborated with the cooperation
  of NGOs

Regional Conference on Legal Reform on Domestic
Violence (Sofia February 12-14, 2008)
4

• Professional conferences between 2004 and 2007
• 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 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 Commissions Daphne Program.
• 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)
5

• Reaction to the phenomenon on several levels
• social
• legislative
• training of judges (and other professionals)

Regional Conference on Legal Reform on Domestic
Violence (Sofia February 12-14, 2008)
6

• Limits of usefulness of training
• 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)
• Training of judges is voluntary only
• 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)
7

• Possibilities offered by the present legislative
  environment
• Filing a complaint in accordance with the present
  criminal legislation (question of private motion,
  private complaint)
• Restraining orders (as of July 1, 2006)
• Harassment as a crime (as of January 1, 2008)

Regional Conference on Legal Reform on Domestic
Violence (Sofia February 12-14, 2008)
8

• Problems with legal provisions on restraining
  orders 

• It is considered as an enforcement measure
• Only a judge can introduce
• Only in criminal cases that are sanctioned by
  prison term
• Duration only 10 to 30 days

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