What to do

What to do

… if you have been the victim of a crime?

 

Call emergency number 112! It is important that you inform the operator exactly where you are and where the incident happened.

 

If a crime has been committed against you, you must report it immediately! You can do this in person, verbally before any public authority or official, or in a written submission (e-mail, letter) to any public authority or official, indicating your identity and contact details. In addition, you can report a crime by telephone or by calling the green number “Telephone Witness” +36-80/555-111.

 

Make sure that the report contains a detailed description of the offence, possible evidence, the medical records (if any were made) and the names and contact details of witnesses (if known).

As a victim, you have a number of rights during the proceedings. One of the most important is the right to victim support services. The Victim Support Line is available free of charge 24/7 on the number +36-80/225-225, where you can get full information and assistance, including regional contact details for Victim Support Services. If you get into financial difficulties as a result of a crime, you can apply at the Victim Support Service for immediate financial assistance within 8 days of the crime. Furthermore, victims of intentional violent crimes can also apply to the Victim Support Service for state compensation to compensate (in whole or in part) for or mitigate the financial loss they have suffered, within 1 year of becoming victim of the crime.

 

Since 2017, victim support centres and (since 2021) victim support points are part of the state victim support service. The aim of the Hungarian state through the constantly developing network is to make victim support services more easily and quickly available to citizens, and to make those who are victims of crime as aware as possible of the opportunities available in victim support. It is important to underline that financial, legal, emotional and psychological assistance to resolve a crisis situation is based on the principle of personalised support in line with harm suffered and on the principle of immediacy. An essential aspect of the activities of victim support centres and points is to provide complex services in a more relaxed and confidential atmosphere, different from a bureaucratic office environment.

For certain statutory offences, from 2021, you can also ask the police to pass on your contact details to the Victim Support Service during a police interview so that they can inform you about possible victim support.

 

For more information click on the link: https://vansegitseg.im.gov.hu/

 

Some specific crimes may be particularly difficult to report because of possible shame or fear of revenge. These include sexual offences and domestic violence. In case of a report being filed, the police will question you as a witness. Our colleagues must treat you as gently as possible during the interview. You may also be assisted by a lawyer, for example by requesting that the interview be conducted by a police officer of the same sex as you.

 

If you are under 18, you can only be interviewed in the presence of your parents or, if you do not live with them, your guardian (e.g. grandparents). However, if the assailant or abuser is the parent or guardian, they cannot be present at your interview. If you are afraid of an attacker or abuser, you can ask for your personal details to be withheld from the documents during the procedure, so that only the authorities can know them and keep in touch with you.

 

…you have witnessed or been a victim of domestic abuse?

 

If you or someone you care about has been or is being abused, or if your dignity, life, sexual autonomy, physical or mental health is at risk, the following information is for you. Because everyone has the right to a life free from violence.

 

What to do if you feel you or your loved ones are in danger and need immediate help?

For immediate help, call the European free emergency number 112 - the fastest way to get police help.

 

What to expect when the police officer shows up after the report?

The police officer will be on the scene for all calls of violence between relatives (not just "when blood is drawn"). Their main task is to interrupt the unlawful situation and prevent further violations, and to ensure the safety of victims, especially children. On the spot, the police officer investigates whether there are reasonable grounds to conclude that violence between relatives has occurred and whether further action, in particular criminal or minor offence proceedings, is warranted. They hear out the parties individually and the witnesses, and inform them of their options for legal redress. They provide the victim with information about victim support, social and legal assistance bodies, organisations and institutions, as well as civil society organisations, and the financial assistance available.

 

What immediate protection can the police provide to the victim against the abuser and for how long?

The police officer must make sure on the spot that the victim is safe and may accompany them to a crisis shelter offering accommodation they so requests. If justified, they may order a temporary preventive restraining order for 72 hours, which can provide immediate assistance.
You can read the police information regarding this here.

 

When issuing a temporary restraining order, the police will inform the abused person about the possibility and conditions for obtaining a protection certificate under Regulation (EU) No 606/2013. According to Articles 4 and 8 of the EU Regulation, this certificate recognises the protection measure ordered in Hungary in other EU Member States without any special procedure and is enforceable.

 

Taking into account the circumstances, they can bring the abuser before the court and prosecute them for a minor offence or a criminal offence.

 

If there is a suspicion of an offence punishable through a private motion, the victim will be informed of the possibility of initiating a private motion.

 

What happens during and after the 72-hour temporary restraining order?

Temporary restraining orders mean that the abuser is obliged to leave the common property, stay away from the abused person, have no contact with him or her, and parental custody is suspended during this period. A temporary restraining order or a restraining order does not affect the abuser's maintenance obligations under any other law or contract or their obligation to pay maintenance for the property shared with the abused person.

The temporary preventive restraining order is imposed by the police for 72 hours and cannot be extended by the police at their discretion. The Police will therefore always send the file ex officio to the competent court for a preventive restraining order as a longer-term solution. The abused person can also apply to the court for a preventive restraining order, which can be downloaded by clicking here.

If the police become aware that the person subject to a temporary preventive restraining order or preventive restraining order has broken the rules of conduct, they will take action and may arraign the abuser.

 

What does a private motion entail?

There are certain offences where the law requires that specific persons have the right to decide whether or not they want the case to be investigated. For these offences, it is essential that the person defined by law (the victim and, in some cases, his or her representative) request the procedure by private motion. Acts where assault/physical abuse has not (yet) occurred are included here, so this includes acts of serious offence against human dignity (e.g. defamation or libel) and harassment, various forms of financial crime (e.g. theft, damage, misappropriation, fraud) and minor offences against assets. Sexual assault and sexual coercion are also offences subject to private motion, but when committed against a person under the age of 18 or a person under their care or supervision, the consent of the victim is not required for prosecution. A filed complaint asking for the perpetrator to be prosecuted and punished is considered a private motion.

 

What constitutes an offence?

For example, violent behaviour, i.e. physical pressure of an offensive nature on another person, even if it is not likely to cause bodily harm. This includes violence that seriously offends human dignity: humiliating the other party without causing any bodily harm. If this occurs regularly, it is a crime. But this also includes infringements of personal liberty, such as locking someone in their home and not letting them out. Such behaviour is also a criminal offence the perpetrator puts the victim in a vulnerable situation from which they cannot easily escape, such as a severe economic dependency, which is done at the will of the abuser.

 

We can also talk about economic incapacitation. If the perpetrator endangers and subjects the other person to serious deprivation, for example, by making money out of joint assets for years. It is also a criminal offence to endanger a minor, assault, criminal defamation and to force or threaten to force another person to do, not to do or to tolerate something, thereby causing substantial damage to another person's interests.

 

Where and how to file a police report?

If you are in a situation that does not require immediate assistance, you can report it to any police station, prosecutor's office or court, orally or in writing. The competent authority shall draw up a report on the oral report and forward the case to the competent police authority with jurisdiction.

 

There is no official form for a written report. Include as much and as accurate information and relevant data as possible about the act and the circumstances of the incident: what happened, where, when, who committed the offence. If you have medical records or other evidence, or witnesses to the crime, please attach them or include their names and contact details. The addressee can be any police station, prosecutor's office or court; you do not need to send the letter to the authority of your place of residence. For e-mail contact details of police authorities, click here.

 

It is also possible to make a notification/report online, electronically, via a client portal. When filling in the e-Paper form, each case type is available on the Police website or directly on the e-Paper service website

 

If you do not wish to disclose your identity to the authorities, you can call the hotline 06-80-555-111 free of charge 24 hours a day. Calls are made anonymously, the caller's number is not displayed when the call is received, and the call is not recorded. You will only have to answer questions about the crime in order to solve the case. For more information on the telephone helpline, click on the link below.

 

It is important to note that only a police officer has the right to make a judgement on the report, and if the police premises are guarded by an armed security guard, he or she is not authorised to do so.

 

It is not only the victim who can make a report, but anyone, including a neighbour, relative or colleague - even anonymously - can report what they have seen to the authorities. However, the cooperation of the victim will be necessary to the criminal procedure.

 

The police will examine the report within three working days of its receipt to decide whether the case should be investigated or whether it should be supplemented, rejected or transferred.

 

Please make sure that your details are accurate and provide contact details where our colleagues can reach you quickly and reliably.

 

What rights and obligations do victims have during criminal proceedings?

 

Victims have a wide range of rights during criminal proceedings. For example, they may make motions, comments, inspect certain documents relating to the offence against them, and have access to an authorised representative or an assistant. The authority may order special treatment for the victim. This includes, for example, enhanced protection of the personal data of the person concerned in the context of the circumstances justifying special treatment, in particular his or her health data, and enhanced attention in criminal proceedings to protect the privacy of the person concerned and, under certain conditions, provide protection. The victim can ask to be informed about the release or escape of the perpetrator of the offence concerning him or her. At the victim's request, the authority shall order the confidentiality of his or her data and contact details.

 

Victims also have obligations: they must take part in procedural steps if required to do so by the authorities, they must report a change of address, they must attend a hearing if summoned as a witness. The authorities try to mitigate the severity of the obligations by means of special treatment, such as avoiding unnecessary encounters with the offender.

 

The victim says this, the abuser says that. One allegation, one denial. Who is right?

The police thoroughly investigate all circumstances during the criminal proceedings. Evidence includes, for example, statements, medical reports, documents, etc. No one should be deterred from reporting an injury if they have no documentary evidence, no photographs or even a medical record of the injury. The law, the police and the courts will still be on the side of the abused person. Of course, efforts should be made to document the injuries medically or to take photographs.

 

Always make sure that what you share with the police officer is well-founded. Make them aware that if you know something by hearsay or assumption, anyone who falsely accuses someone else of a crime or brings fabricated evidence to the attention of the authorities is also committing a crime.

 

What to expect from a criminal investigation?

During the investigation, the police will interview the victim and anyone else who may have information about the case. It is possible that the interrogator will then be another police officer and not the one who took the report or was at the scene. Please tell the investigator about what happened to you in confidence and in detail. If you have any questions, please feel free to ask. The police officer must provide you with detailed and clear information and listen to you calmly, objectively, professionally and supportively. Our colleagues have a duty of confidentiality in relation to what you say. During the investigation we need to know as many details as possible to find out what happened.  The police officer may ask you questions which may be relevant to the crime but which may be sensitive to you. Please trust us so we can help you.

 

What other services can you report abuse to?

In the prevention of relationship violence, health service providers (e.g. the public health service, the family doctor), personal care service providers (e.g. the family support service, child welfare services), public education institutions, the guardianship authority, the public prosecutor's office, the court and the probation service play an important role. These institutions are obliged to report to the competent body if they detect a risk of violence between relatives.

 

Important phone numbers:

Police

Central emergency line: 112

Telephone witness: 06 80 555 111 (to report crimes anonymously)

Budapest Police texting-line for the hearing impaired: 06 20 9000 107

The contact details of police headquarters, police stations and district commissioner offices can be found here.

 

Every police station has a victim protection officer or a member of staff with a special focus on domestic violence. It is advisable to phone them in advance to make an appointment for a consultation.

 

National Ambulance Service: 112

OKIT (National Crisis Management and Information Helpline): 24/7, free of charge from Hungary, every day, if you need to escape: 06 80 20 55 20. 

Victim Support Centres:

They can help with the emotional, psychological, financial, legal and other problems that may arise in connection with the crime you have suffered. Find out more about Victim Support Centres here.

Other organisations providing assistance:

Contact details of shelters, maternity homes and other organisations supporting abused people by county can be found here.

 

… if you are stopped by a police officer?

In addition to the uniformed and plain-clothed police officers, you may also be checked by a public area inspectors, armed security guard, bodyguard, property guard, nature conservation officer, hunter, fisheries officer, forester, etc. Auxiliary police do not have the right to do this, but the ticket inspector can ask for an identity card. If the passenger does not hand over the card, they cannot ask for, only a police officer or a public guard is authorized to do so. For uniformed police officers, the uniform and the identification badge, for plainclothes police officers the photo ID and badge, for public area inspectors the photo ID and the badge with number identify the officer taking action. You can ask to see these when you are being stopped checked.

 

The police officer may ask for identification. You can also identify yourself with a valid ID card, passport or card-format driving licence. The police officer may detain you to establish your identity or, if you do not identify yourself, bring you to the police station. If your identity cannot be established otherwise, you may be fingerprinted or a photograph may be taken of you and your particular characteristics.

 

…if am subjected to a roadside check?

Roadside checks have two purposes. On the one hand, they check if you are fit to drive, that you follow the rules of the Highway Code and whether your vehicle is safe. During a roadside check, the police officer may give you a sobriety test. If it is likely that you have consumed alcohol or drugs before or while driving, you may be required to have a blood sample taken by a doctor. They may also take your driving licence, registration certificate or licence plate on the spot.

 

The police may also prohibit you from driving if your vehicle or your condition endangers road safety. To do this, you can take the keys to the vehicle or have the vehicle towed.