The Debrecen District Court convicted a security officer of the Debrecen Correctional Institute who slapped a minor detainee twice. The defendant was found guilty of assault committed by a person performing a public duty.
The court sentenced him to one year and six months in prison; however, the execution of the sentence was suspended for a probation period of two years. If the prison term must later be enforced, it will be served in a prison facility, and eligibility for parole will arise only after two-thirds of the sentence has been served.
In addition, the officer was banned from practicing his profession for two years. During this period, he may not carry out any activity involving the education, supervision, care or medical treatment of persons under the age of 18, nor may he enter into a position of authority or influence over such persons.
Mitigating circumstances were taken into account
In the reasoning of the judgment, it was stated that at the preparatory hearing the defendant admitted committing the offence, waived his right to a trial, and his confession was supported by the available evidence. The court established the facts in accordance with the indictment.
The offence is punishable by one to five years of imprisonment. The statutory mid-range would have been three years; however, due to mitigating circumstances – particularly the defendant’s clean criminal record and cooperative conduct – the court imposed a sentence close to the statutory minimum.
No aggravating circumstances were established. At the same time, the court emphasized that the offence was committed against a minor and within an institutional environment, which excluded the possibility of a more lenient sanction or preliminary exemption from criminal record consequences.
“Only” two slaps?
The judge stressed that although the case involved “only” two slaps, the assault took place in an institution whose mission is the social reintegration of juveniles. This circumstance in itself gave greater weight to the offence.
An appeal may be lodged within three working days. If no appeal is filed, the judgment will become final, and from that date the probation period and the duration of the occupational ban will begin.
(Debreceni Nap)
