As discussed in the responses to the questions in Section 4, in case of any evidence of domestic violence, certain entities and persons have an obligation to alert the guardianship authority and the guardianship authority, besides having the obligation to investigate the case, must also notify the police; in addition, anybody else may report such conduct to these authorities. When a potential domestic violence case is reported, the police must investigate it and decide immediately, during their on-site actions, whether to issue a temporary preventive civil protection order for up to 72 hours. If they do so, they must simultaneously request the competent court to issue a preventive civil protection orders without any delay.

Hungarian law provides the opportunity for the abuser to seek legal advice and criminal defense in any cases brought against him/her as well as challenge any preventive civil protection orders issued against him/her. It usually depends on the individual facts of the case whether the involvement of a legal counsel is advisable or useful.

Yes. When deciding on the issuance of preventive civil protection orders, the police or court examines all relevant facts and evidence to establish whether a well-founded conclusion can be drawn on the perpetration of domestic violence.

Further, when deciding whether any further proceedings, in particular a minor offense investigation or criminal procedure, need to be launched, the police also examine all facts and evidence available.

During the police proceedings on deciding about the issuance of a temporary preventive civil protection order, the police must examine all the facts related to the potential domestic violence to establish whether a well-founded conclusion may be drawn on the perpetration of such conduct, and whether any further proceedings, in particular a minor offense investigation or criminal procedure, need to be launched.

For this, the police, in particular, must do the following:

• establish the identity of the persons present at the time of the abuse
• examine whether they are considered to be relatives in terms of the law
• examine the legal title for their presence in the property
• examine who is considered to be the victim and who is the abuser
• examine whether the abuser's actions are considered domestic violence
• examine housing conditions and the state of the property (state of possessions therein, potential signs of a scuffle and/or alcohol or drug consumption)
• establish whether the parents of the child present are the victim and the abuser
• identify the persons having relevant knowledge about the potential domestic violence
• collect any further potential evidence

Further, when hearing the victim, the abuser and/or the witnesses during the on-site actions, the police must clarify the following circumstances:

• the history between the parties potentially leading to the violence
• the behavior of the victim and that of the abuser, the statements made by them (word for word, if necessary) and the circumstances of any potential assault or battery
• the first-time or recurrent nature of the violent acts
• why the abuser's conduct presents a direct and serious danger to the victim
• whether there is a danger that the conduct providing a basis for the issuance of a temporary preventive civil protection order would continue

Regarding evidence that may be used in proceedings, there are no specific formal or substantial requirements. Evidence of any kind, in any form can be considered under Hungarian criminal and civil procedural laws.

When deciding on the issuance of a preventive civil protection order, proof "beyond reasonable doubt" is not required, but both the police and the court examine whether a well-founded conclusion can be drawn on the perpetration of domestic violence.

When deciding whether to launch an investigation into any potential criminal acts committed by the abuser, proof "beyond reasonable doubt" is not required, as the purpose of the criminal investigation is to establish whether there is "reasonable suspicion" that the perpetrator committed the underlying crimes.

Yes, the following affirmative defenses are available to negate criminal liability of the accused according to the Criminal Code:

• Being below the age of criminal responsibility — Persons under the age of 12 years at the time the criminal offense was committed will be exempt from criminal responsibility, with the exception of homicide, voluntary manslaughter, battery, assault on a public official, on a person entrusted with public functions, or on a person aiding a public official or a person entrusted with public functions, acts of terrorism, robbery and plundering, in which cases the perpetrator is criminally liable if he/she was over the age of 12 years at the time the criminal offense was committed, and he/she had the capacity to understand the nature and consequences of his/her acts.^[26]
• Insanity — The accused needs to prove that his/her state of mind was impaired making him/her unable to understand the nature and consequences of his/her actions.^[27]
• Coercion and threat — The accused needs to prove that he/she was under undue influence making him/her unable to act freely (negation of liability) or limiting his/her ability to act freely (reduction of punishment).^[28]
• Mistake — The accused needs to prove that, e.g., his/her willful intent was aimed at a different result than what occurred due to a mistake (or lack of information).^[29]
• Justifiable defense — The accused needs to prove that he/she (i) was fending off an immediate unlawful threat, and that (ii) he/she was acting out of shock or justifiable aggravation, in which case the force of the defense does not have to be reasonable.^[30]
• Means of last resort — The accused needs to prove that (i) he/she was saving someone/something from imminent danger, (ii) due to shock or justifiable aggravation did not recognize the caused harm, in which case the means used do not have to be proportional to the imminent danger, and (iii) he/she did not cause the danger himself-/herself.^[31]
• Statutory authorization of law — An act that is authorized by law or that is exempted from punishment by law will not be criminalized.^[32]
• Other grounds defined by law.

Willful intent is a required element of all criminal acts mentioned above in the context of domestic violence, except for battery (the perpetration of which may also be based on criminal negligence). Thus, sexual coercion, sexual violation, sexual abuse, domestic violence, harassment, the abuse of a minor, slander and the violation of personal freedom all require willful intent.

Yes. False accusation is a criminal act punishable by imprisonment for up to 10 years.^[33]

Further, if a preventive civil protection orders was issued based on false statements made by the applicant on the perpetration of a violent act between family members, the submission of such request may constitute a minor offense, provided that the underlying violent act does not qualify in itself as a criminal act or minor offense.^[34]

Consent of the victim to given actions or behavior may result in exemption from criminal liability in certain but not all cases. For example, illegal entry into a person's property^[35] cannot be committed if such person consented to the entry, whereas killing a person with his/her consent or even upon his/her request still constitutes homicide. It depends on the specific circumstances of the case whether consent is recognized from the perspective of criminal liability.

In addition to the above, consent is relevant in the case of sexual activities. In Hungary, consensual sexual activities between persons over the age of 14 are allowed and not punishable by law. However, there are certain situations in which the victim's consent does not exempt the perpetrator from criminal liability for the sexual activities performed or attempted, as follows:

• If a person above the age of 14 years engages in sexual activities with a person below the age of 12 years, or forces such person to perform sexual activities, it constitutes sexual violence, a criminal offense punishable by imprisonment from five to 10 years.^[36]
• If a person above the age of 18 years engages in sexual activities with a person between the ages of 12 and 14 years, or persuades such person to engage in sexual activities with another person, it constitutes sexual abuse, a criminal offense punishable by imprisonment from one to five years.^[37] Attempting the above conduct is also punishable by imprisonment for up to three years.^[38]
• If a person above the age of 18 years engages in sexual activities with a person between the ages of 14 and 18 years, where abuse is committed from a recognized position of trust, authority or influence over such person, it constitutes sexual abuse, a criminal offense punishable by imprisonment for up to three years.^[39]

Any person who may have knowledge about any facts of the case to be proven in the proceedings can be heard as a witness in a criminal procedure. Unless an exemption (e.g., obstacles to testifying, persons unable to be heard as witnesses or refusal to testify — see below) is provided for in the Criminal Procedural Code, anyone summoned as a witness is obliged to give testimony.^[42]

The witness must be warned about the following:

• He/she may refuse to testify as a witness, provided that the grounds for such refusal existed during the perpetration of the criminal act or they exist at the time of the witness hearing.
• If he/she gives testimony, he/she must tell the truth to his/her best knowledge and conscience.
• Giving false testimony and illegitimate refusal to testify as a witness are punishable by the Criminal Code.

If he/she gives testimony, such testimony could be used as evidence in the underlying or another criminal case even if he/she refuses to give testimony at a later stage.^[43] There are two main obstacles to testifying as a witness:

• the prohibition on giving testimony (objective obstacle)
• the legitimate refusal to give testimony (subjective obstacle)

These obstacles must be recognized if either they existed during the perpetration of the criminal act or they exist at the time of the witness hearing.

The following must not be heard as witnesses:

• defense counsel on issues that have come to his/her knowledge or that he/she has communicated to the defendant in his/her capacity as a defense counsel (this obstacle prevails even after the termination of the underlying status on which it was based)
• clergy and members of religious organizations on issues subject to the obligation of professional secrecy (this obstacle prevails even after the termination of the underlying status on which it was based)
• anyone who apparently cannot be expected to give correct testimony due to his/her physical or mental condition
• regarding classified data, anyone who has not been relieved from the obligation of secrecy (at the request of the court, the prosecutor or the investigative authority, such person may be relieved from the obligation)^[45]

The following may refuse to testify as a witnesses:

• the relative of the defendant
• in general, anyone who would incriminate him/herself or his/her relatives, on the related issues, even if:
  • he/she has not refused to testify on the grounds that he/she is the relative of the defendant
  • in relation to the criminal act:
    • the proceedings against him/her were terminated
    • conditional suspension was applied in respect of him/her
    • his/her criminal liability was already established in a final and binding decision

As an exception to the above, no one may refuse to testify as a witness whose response would be self-incriminating in connection with a criminal offense if:

• the report filed against such witness was rejected due to his/her cooperation in discovering or proving the underlying or another criminal case
• the proceedings against the witness were terminated because of his/her active repentance, the fulfillment of the behavioral remedies ordered by the prosecutor in the framework of conditional suspension, or due to his/her cooperation in discovering or proving the underlying or another criminal case
• the witness is not punishable due to his/her cooperation with the authorities as specified in the Special Part of the Criminal Code
• the witness concluded a settlement by undertaking one or more commitments specified in the Criminal Procedural Code
• because of his/her admittance and cooperation, the prosecutor provides for the suspension or termination of the proceeding, with the aim of participation in mediation or in light of the result of such mediation^[46]

Moreover, anyone (other than those subject to a secrecy obligation noted above) who is bound to secrecy owing to their profession or public office may also refuse to testify as a witness if their testimony violated such secrecy obligation (unless they have been relieved from such obligation or the requested entity has a statutory obligation to transmit such data subject at the request of the court, the prosecutor or the investigative authority).^[47]

Finally, the media content provider and its employees may also refuse to testify as a witness if their testimony given in response to the specific question revealed the identity of the informant providing information to them in the context of their media content providing activities, if the court does not oblige them to reveal the identity of such informant as set forth in the Criminal Procedural Code (this obstacle prevails even after the termination of the underlying status on which it was based).^[48]

Yes. Any person who may have knowledge about any facts of the case to be proven in the proceedings can be heard as a witness and, unless an exemption is provided for in the Criminal Procedural Code (as discussed above), anyone summoned as a witness is obliged to give testimony.^[49]

However, there are certain restrictions and limitations applicable to minors testifying, such as the following:

• Confrontation of witnesses below the age of 14 years must not be ordered.^[50]
• Confrontation of witnesses below the age of 18 years may only be ordered with their consent.^[51]
• When deciding whether to refuse to testify as a witness and whether to agree to witness confrontation, underage persons may act individually but must be given the opportunity to discuss this with their legal guardians (parents).^[52]
• The testimony of witnesses below the age of 18 years must not be examined by means of instrumental monitoring devices.^[53]
• Any procedural actions that require the participation of a person below the age of 14 years may only be performed if the evidence expected from such actions cannot be otherwise substituted.^[54]
• In general, the defendant and the defense counsel must not be present at any procedural actions that require the participation of a person below the age of 14 years.^[55]

The perpetration of certain criminal acts against persons under the ages of 18, 14 or 12 years may qualify as aggravated instances of such criminal acts entailing gradually more severe penalties, such as in the below cases:

• the violation of personal freedom,^[56] sexual violence^[57] or unlawful procurement of a person for sexual acts^[58] against a person under the age of 18 years
• homicide against a person under the age of 14 years^[59]
• human trafficking or forced labour against a person under the age of 18 years (even more serious offense if the victim is under the age of 12 years)^[60]
• kidnapping^[61] and sexual coercion^[62] against a person under the age of 18 years (even more serious offense if the victim is under the age of 14 years)

Further, in connection with any criminal offense against sexual freedom and sexual offenses, if the victim is under the age of 18 years at the time of commission, the perpetrator may be banned from exercising any professional activity that involves the responsibility for providing education, care, custody or medical treatment to a person under the age of 18 years or that involves a recognized position of trust, authority or influence over such person.^[63]

Section 212/A of the Criminal Code regulates domestic violence as follows:

1. Any person who, on a regular basis either:

1. seriously violates the human dignity of or is engaged in any degrading and violent conduct against
2. misappropriates or conceals any assets from conjugal or common property, and thus causes the serious deprivation of,

the parent of his/her child, a family member, a former spouse or domestic partner living in the same household or dwelling at the time of commission or before, his/her conservator, person under his/her conservatorship, his/her guardian or person under his/her guardianship,

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

2. Any person who commits:

1. simple battery under Section 164 (2) or slander under Section 227 (2) of the Criminal Code against a person defined in subsection (1) above is guilty of a felony punishable by imprisonment for up to three years
2.  aggravated battery under Sections 164 (3) or 164 (4) of the Criminal Code, the violation of personal freedom or duress under Section 194 (1) of the Criminal Code against a person defined in Subsection (1) above,
3. is guilty of a felony punishable by imprisonment from one to five years.

3. Banishment may also be imposed against persons found guilty of domestic violence.

4. The perpetrator of the criminal offense defined in subsection (1) above will only be prosecuted upon private motion.

Yes, as mentioned in the preceding answer.

For criminal acts in Hungary, generally, the following criminal penalties may be imposed: imprisonment (fixed-term or for life); incarceration (from five to 90 days); community service work (from 48 hours to 312 hours); criminal fines (from HUF 30,000 to HUF 270 million (approximately EUR 85 to EUR 770,000)); prohibition from exercising professional activity (fixed-term or permanent); driving ban (fixed-term or permanent); prohibition from residing in a particular area (from one to five years); ban from visiting sport events (from one to five years); expulsion (fixed-term or permanent); and deprivation of civil rights as a form of additional penalty (from one to 10 years).

In Hungary, generally, minor offenses are punishable by fines, community service work and/or incarceration (the latter is not available for all kinds of offenses, but it is available for the violation of preventive civil protection orders).

For minor offenses, a fine between HUF 5,000 and HUF 300,000 (approximately between EUR 15 and EUR 860) may be imposed. In case of nonpayment, the fine may be converted to incarceration.

The length of community service work for minor offenses may last from six to 180 hours.