Spitting at Stefania Road

Summary

A gay man around 40 was riding his bicycle on Stefánia Road on September 6, 2015 around 7pm towards Stadionok. At the corner of Egressi Street at the traffic light a taxi driver started insulting him, threatened him repeated "dirty faggot puff" several times and spat at him. The investigation is closed, the police requested the prosecution of the case as violence against a member of a community, the decision of the prosecution service is pending.

1. Basic information
Date and time: 
2015-09-06
Location: 
Budapest, Stefánia Road
Short summary: 

A gay man around 40 was riding his bicycle on Stefánia Road on September 6, 2015 around 7pm towards Stadionok. At the corner of Egressi Street at the traffic light a taxi driver started insulting him, threatened him repeated "dirty faggot puff" several times and spat at him.

Source of information: 
Legal representation (Háttér Society)
Organization: 
Háttér
2. Victim(s)
Basic information: 
gay man around 40
Protected group: 
LGBT
3. Perpetrator(s)
Basic information: 
middle aged man
4. Criminal procedure
Current status: 
Prosecution phase
Legal classification: investigation phase: 
Btk. 227. §, 216. § (1)
Description of procedure: 

The victim reported the case in writing to the prosecution service, and requested from the police via email that they acquire any (potential) CCTV footage. The prosecution service submitted the report to the court as they considered it slander (a crime with significantly lower penalty, with no reference to the hate motivation), in which case it is not the prosecution service, but the victim himself who prosecutes the case. The court ordered an investigation that was carried out by the district police, who identified the perpetrator. Meanwhile, based on the email about the CCTV footage, the Budapest Police also started an investigation of the case as violence against a member of a community, but the investigation was dragging on without the perpetrator being identified. When the investigation by the local police was finished, the court informed the victim of the successful investigation and summoned the parties to a hearing. When the victim learnt about the successful investigation by the district police, he informed the Budapest Police about it. It was only at this time that the police noticed there were two investigations in the same case. The victim also requested from the court the suspension of the slander case until the violence against a member of the community investigation is closed, stating that he would only want the slander case to progress if no charges are pressed against the perpetrator on account of violence against a member of a community. Rather than suspending the case, the court referred the case back to the prosecution service requesting investigation of the case as disorderly conduct (still disregarding the hate motivation in the case). Meanwhile, the Budapest Police based on the information they received from the district police closed the investigation, and requested from the prosecution service the prosecution of the case as violence against a member of a community. The decision of the prosecution service is pending.

6. Evaluation
Evaluation: 
Underclassification: motivation disregarded
Other procedural mistake
Latest classification: 
appropriate
Other comments: 

Even though hate indicators were clearly present and the behavior of the perpetrator was "apparently anti-social", thus qualifying the case as violence against a member of a community, the prosecution service treated the case as slander. The court also disregarded the hate motivation in the case and requested the investigation of the case as disorderly conduct. The police did not notice that there were two parallel investigations going on in the case (one based on the slander charge that was investigated by the district police, and one related to violence against a member of a community that was investigated by the Budapest Police).