Act XIX of 1998

on Criminal Proceedings


Restraining order

Section 138/A

(1) The restraining order sets limit to the freedom of movement of the defendant and right of the accused to choose residence without restriction. The defendant under the regulation of the restraining order shall according to the rules set forth by the decision of the court

a) leave a certain house, and stay away for a time set forth by the court,

b) stand aside from certain person, from the workplace and home of this person, from the educational institution visited by this person, from the health institute regularly visited by this person for medical treatment, as well as from the building visited regularly for practise religion for the period defined by court, c) take good care not to get into direct or indirect contact with certain person.

(2) The restraining order may be ordered just in case there is reasonable doubt for a crime punishable by imprisonment has been committed – presuming that the aims required to be ensured by the restraining order are going to be assured thereby -, and if ordering the preliminary arrest of the defendant is not necessary, but – mostly with regard to the character of the crime, or the way the defendant behaved before and during the proceedings, furthermore to the relationship between the defendant and the victim – it may be reasonably assumed that in case of letting the defendant stay at his residence

a) he would countermine, make more difficult or endanger the evidence by the way of influencing or intimidating the victim-witness,

b) he would finish the attempted or prepared criminal offence, or would commit another crime, punishable by imprisonment, against the victim. 

(3) If the criminal procedure shall be included on the bases of private motion, the restraining order may not be obtained before filing the private motion.

(4) The court shall decide on the restraining order. In the order the court may prescribe for the defendant to be present at fixed intervals at the investigating authority acting in the criminal proceedings underlying the restraining order.

(5) The court shall send the decision thereon to the victim. The decision must be sent to the prosecutor even if the motion for the restraining order was filed by the victim, the legal representative [section 138/B (2) d)-f)] thereof or the legal representative of a minor living under the same roof with the defendant.

(6) Until filing the indictment the investigating authority or the prosecutor, after filing the indictment the court shall immediately take steps set forth by Section 128 after the hearing of the defendant.

(7) If the court passes a decision on ordering or modifying the restraining order, the rules regulated by section (1) shall be determined in such way that they would not make impossible for the defendant to practise his rights which is concerned by section (1) b) regarding the victim


Section 138/B

(1) The court may order the restraining order from 10 to 60 days.

(2) A motion for a restraining order may be filed by

a) the prosecutor,

b) private accuser,

c) substitute private accuser,

d) the victim,

e) legal representative of the victim of legal incapacity or of limited legal capacity, furthermore f) the legal representative of a minor living under the same roof with the defendant.

(3) If the residence of the person regulated by section 138/A (1) b) while the restraining order is in force, or significant change in the living conditions is about to occur in such person’s or the life of the defendant which would give reason for modifying the decision, the court on the motion of persons defined by section (2) or the defendant and the defence counsel, after filing the indictment even ex officio, may modify the decision or cease the restraining order. The court shall act the same way if against the defendant such coercive measures has been ordered in the course of the criminal proceedings, owing to which the modification or the termination of the restraining order is necessary.

(4) If the court passes a decision on the modification or the termination of the restraining order, it shall obtain the statement of the initiator of the restraining order, and the prosecutor, the private accuser and the substitute private accuser. The court shall set forth deadline for the statement or for filing the motion; if this deadline has passed without success, the court shall decide according to the documents available. The court shall send the decision to the person determined by section 138/A (1) b) as well.

(5) If a restraining order has been issued against the defendant, the procedure shall be conducted out of turn.