An amendment to the Penal Code adopted by Parliament on Monday makes it possible to punish domestic violence more severely than ever; violence within relationships has been made into a separate category of offence.
In future, certain cases of assault, defamation, violation of personal freedom and coercion will be more severely punished under the Penal Code, if the offender and the victim live or have lived together, or if a child has been born as a result of their relationship.
The amendment submitted by Justice Minister Tibor Navracsics was passed with 213 votes in favour and 6 against, with 66 abstentions.
Custodial sentences for assault and acts of grossly insulting behaviour have been extended to three years. Grievous bodily harm and malicious battery, violation of personal freedom or coercion committed against those incapable of self-defence or indicating consent, or against an elderly or disabled person, may be punishable by one to five years' imprisonment.
The new category of offence relates not only to relatives and dependents, but also to former spouses, partners, those under guardianship or care and guardians or carers. In addition, the legislation lays down as a necessary condition for such an offence that the act took place during or after a period of cohabitation. The legislation provides the opportunity for restraining orders to be imposed on offenders.
At the initiation of Fidesz, it will also be a punishable offence for somebody to humiliate, cause severe deprivation to or grossly violate the human dignity of a relative or dependent. In such cases the Penal Code includes provisions for sentences of up to two years’ imprisonment, on condition that the victim initiates such proceedings.
According to the Government's original proposal, the new category of offence in the Penal Code would have been called ‘abuse of relatives or dependents’, but at the request of female Members of Parliament from Fidesz, this was amended to ‘domestic violence’. With the adoption before the final vote of a motion from Tibor Navracsics, however, the name of the offence will be ‘relationship-related violence".
Through amendment of criminal legislation, Parliament has also decided that pre-trial detention for children between the ages of 12 and 14 may not last more than one year, while the maximum length of detention for those over 14 will remain at two years. Following the entry into force of the Penal Code on 1 July, children aged 12 and over may be held criminally responsible in cases of murder, bodily harm causing death or critical injury, or robbery.
(Ministry of Public Administration and Justice)