The Criminal Regulation of Harassment and its Practical Challenges in Hungary

Abstract

Our current criminal law code includes the range of behaviors that are currently considered dangerous to society, the gravity of which acts are considered to be of such a level that it is necessary to react with the tools of criminal law. The regulatory scope of the code was expanded to include harassment in 2008. The criminal law reform of 2008 started a new wave of social and legal reactions. The purpose of this study is to provide a comprehensive picture of the evolution of harassment regulation, the influence of the Me-Too movement on domestic legislation and court practice, and the challenges of the practical application of restraining orders.

Using the methodology of legislative analysis and case law review, completed with specialized literature sources, the study shows that the legal tools used in the treatment of harassment cases, although they have gradually developed, encounter many practical obstacles. The complexity of evidentiary procedures and the difficulties in implementing the restraining orders, inflict serious challenges to the legislator and the authorities. The MeToo movement, which is intended to strengthen global action against sexual harassment, had a significant impact on social awareness and legislation in our country as well, drawing attention to the seriousness of harassment cases and the importance of legal protection. However, MeToo has also undeniably given way to a series of abuses.

The conclusion of the study is that the fight against harassment continues to confront the authorities with complex challenges, the solution of which requires further refinement of legislation, the unification of judicial practice, and the continuous increase of social and legal awareness. Based on the results, it is recommended to strengthen prevention programs and victim support services, as well as to provide special training for all participants involved in the handling of harassment cases, including the police, the prosecutor's office and the courts.