What is harassment? What types are there? How is it punished?
Did you know that only 34% of the Hungarian population file an official report when they are subjected to harassment? Harassment can take many forms and is not always easy to recognize, so it may even happen that the person affected does not realize what is happening. Whether it is workplace, school, or online harassment, it should never be ignored.
What does harassment mean?
During harassment, the victim’s private life and sense of security are significantly violated by the perpetrator’s intentional conduct (such as threats, molestation, or stalking). The offender may carry this out in person, online, or through phone calls, text messages, emails, or letters. An important characteristic of harassment is its regularity or persistence. “Regular” refers to acts committed at shorter intervals, while “persistent” refers to conduct that continues over a longer period of time.
What is the difference between everyday harassment and criminal harassment?
Not every form of harassment in the everyday sense qualifies as a criminal offense. Many disturbing, tension-inducing, or annoying behaviors may be perceived as harassment, but they lack the elements necessary to establish a criminal offense. Examples include an irritating colleague, sibling teasing, or typical nosy behavior between neighbors. These situations may be unpleasant and frustrating, but they do not entail criminal consequences.
Criminal harassment, on the other hand, may occur when the perpetrator regularly appears near the victim’s home, workplace, or frequently visited places, or follows them. It also includes repeated phone calls, emails, text messages, or letters that reach the victim at home or at work and are intimidating, disturbing, or threatening in nature.
It is important to note that harassment can occur even if the victim does not answer the calls or read the messages. However, for harassment to be established, the victim must be aware of the conduct—for example, they know that they are regularly receiving unwanted messages.
What is the legal definition of harassment?
Section 222 of the Hungarian Criminal Code:
(1) Any person who, with the purpose of intimidating another person or arbitrarily interfering with another person’s private or daily life, engages in regular or persistent harassment, if no more serious offense is committed, shall be guilty of a misdemeanor punishable by imprisonment of up to one year.
(2) Any person who, with the purpose of intimidation:
a) threatens another person or their relative with committing a violent act against a person or an act causing public danger, or
b) creates the appearance that an event threatening another person’s life, physical integrity, or health is imminent,
shall be guilty of a misdemeanor punishable by imprisonment of up to two years.
(3) If harassment is committed:
a) against a spouse, former spouse, partner, or former partner,
b) against a person under the perpetrator’s care, supervision, guardianship, or medical treatment,
c) by abusing a position of power or influence, or
d) against a public official in connection with their duties but at an inappropriate place or time,
the punishment shall be imprisonment of up to two years in the case defined in paragraph (1), or up to three years in the case defined in paragraph (2).
(4) Any person over eighteen years of age who commits harassment as defined in paragraph (1) against a person under eighteen years of age shall be punishable by imprisonment of up to two years.
What is “disturbing harassment”?
“Disturbing harassment” corresponds to the basic case under Section 222(1) of the Criminal Code and is the most typical form. In such cases, the perpetrator engages in conduct capable of intimidating the victim, reducing their sense of security, or arbitrarily interfering with their daily life. For the offense to be established, the conduct must be regular or persistent.
This form of harassment does not require a specific result. It is not necessary for the victim to actually feel fear or danger. If the perpetrator’s behavior is capable of causing such feelings, the offense may still be established.
What are the aggravated forms of harassment?
Aggravated cases of harassment are punishable by up to two or three years of imprisonment.
If the perpetrator threatens another person or their relative with a violent or publicly dangerous crime, or creates the impression that an event endangering life or health will occur, this constitutes an aggravated case punishable by up to two years’ imprisonment. For example, during an escalated argument, one party threatens to kill the other or a relative.
If such conduct is committed against a spouse, former spouse, partner, or person under care or supervision, by abusing a position of power, or against a public official, the punishment may be up to three years’ imprisonment.
Additionally, an adult who commits harassment against a minor may face up to two years’ imprisonment.
When does harassment qualify as a criminal offense?
A specific intent on the part of the perpetrator is required for harassment to be punishable. This means the offender must intentionally aim to intimidate the victim or interfere with their private life and daily routine. Without this intent, the legal definition is not fulfilled. It is also essential that the conduct be regular or persistent.
If a report is filed with the police and supported by evidence, criminal proceedings will be initiated. If it is proven during the proceedings that the accused committed the offense, the court will declare them guilty and impose a penalty or measure, taking into account all the circumstances of the case.
What should you do if you become a victim of harassment?
In cases of harassment, the victim must file a complaint with the police. This offense is prosecuted only upon private motion, meaning the complaint must be filed within 30 days from the last act of harassment. Before filing a report, it is advisable to consult a lawyer experienced in criminal law to understand your rights and obligations.
Cut off all contact with the harasser and collect evidence.
If you would like to learn more about harassment, feel free to contact me and request a consultation appointment.