Bodily harm is committed by anyone who injures another person’s physical integrity or health – a slap, a push or a punch can be enough. The classification depends mainly on whether the injury heals within or after eight days, and whether it results in permanent disability, serious damage to health or even death. The forensic medical expert’s opinion is of key importance for the classification.
Typical situations
- a fight at a bar, in the street or at a sports event;
- a family or relationship argument that turns physical;
- a conflict with neighbours or at work;
- a self-defence situation, which may be a ground for acquittal.
What is the penalty?
| Case | Penalty |
|---|---|
| Minor bodily harm (heals within 8 days) | up to 2 years, only on a private motion |
| Minor bodily harm for a base motive, or against a victim unable to defend themselves, elderly or disabled | up to 3 years |
| Grievous bodily harm (heals after 8 days) | up to 3 years |
| Permanent disability, serious damage to health, particular cruelty, base motive | 1–5 years |
| Bodily harm causing danger to life or death | 2–8 years |
| Grievous bodily harm by negligence | up to 1 year; 1–5 years if life was endangered |
For minor bodily harm there are no proceedings unless the victim files a private motion.
What does the defence look at?
- The healing time: the 8-day threshold is an expert question. The medical report and the expert opinion can be challenged, and another expert can be involved if necessary.
- Self-defence: a person who repels an unlawful attack is not punishable if the defence did not exceed the necessary extent. Securing witnesses and CCTV footage quickly is decisive.
- Who started it? In a mutual fight both sides may become suspects; establishing the sequence of events also affects the classification.
- Private motion and settlement: in minor bodily harm cases, compensation and an agreement with the victim can influence the outcome.
Frequently asked questions
What should I do if I am summoned as a suspect? Do not make a statement without a defence lawyer. A suspect may refuse to testify, and this cannot be held against them.
Do the proceedings end if we reconcile? In grievous bodily harm cases the proceedings continue regardless of the victim’s wishes. An agreement with the victim and compensation are, however, mitigating factors in both cases and may also open the way to mediation.
Will I go to prison? For a first offence with a minor injury, probation or a suspended sentence is common, but this depends on the circumstances of the case.
Facing criminal proceedings in Hungary? Read more about your defence options and what to do next: Assault and bodily harm – defence lawyer →
The full text of the relevant provisions of the Hungarian Criminal Code is available on the Hungarian version of this page. This article is for general information only and does not constitute legal advice.
About the author: Dr. László-Tamás Benő is a criminal defense lawyer in Budapest. He graduated in law in 2001 (Pázmány Péter Catholic University) and has worked as a defense lawyer since 2002, representing clients in more than 4,000 criminal cases. Contact →