Dealing with minors – procedural safeguards, guarantees and techniques in family law and criminal law matters in Hungary

The starting point of the study is the fact that both in family law and in criminal law cases it often comes to the point when minors are affected – either because the divorcing couple have children whose further life will also be determined by the court’s decision or because they are victims or even defendants of a criminal case. Dealing with minors in court procedures requires special safeguards in order to protect their safe development and to avoid any harms that can rise from being involved in a process they are not comfortable with. The authors of this study work as judges at Hungarian courts and have firsthand experiences on this field. The first part of the study deals with criminal procedure law. The authors describe the techniques applied in criminal investigations and court procedures if children must be questioned. The paper highlights the advantages and difficulties of the so-called Barnahus-method which is considered the best way to hear a child who was victim of a violent act. The second part of the study presents the way children get informed and – if they wish so – heard in divorce cases – a procedure recently implemented according to EU-standards.