Detention in the Criminal Procedure Legislation of Hungary (original) (raw)

Release from prison in Hungary and the European Court of Human Rights

2016

One of the most effective tools of changing the attitudes of the convicts is the institution of conditional release. The essence of parole is that after serving a determined part of the punishment it renders the possibility to the convict to reintegrate into the society. Early release in Hungary is based on discretionary decisions and is always conditional. The basic provision governing the early release of prisoners is Art. 38 (1) of the Penal Code 3 . According to this provision, prisoners can be conditionally released from determinate prison sentences after they have served two thirds of their sentence. A minimum of three month must be served since the 1998 amendments. The conditional release aims at a possibly effective resocialization of well-behaving prisoners, in whose case the aim of penalty can be achived without serving the complete term of imrisonment. The decision about the release of a certain prison inmate on parole falls within the competence of the penal executive ju...

Era of Change in the Hungarian Prison Law

As the Prison Code came into effect on 1 January 2015, it is now possible to evaluate its accomplishments. Some might say that this brief timespan is simply insufficient for obtaining the practical experience required to make universal claims or point out trends. As one year in the life of an act is indeed a short period, this statement is by no means beyond reason. Nevertheless, the novelty and the importance of the changes introduced by the Prison Code still allow for a brief summary. The author provides an overview of the theoretical and ethical foundations of prison law.

The Human Rights in the Criminal Procedure - The Hungarian Patterrn

Guaranteeing human rights in the criminal procedure hasn't lost its actuality in the European Union, since subjects under a criminal procedure are in a naked posihon. The accused person can count only upon the help of his/her defender and the human rights organisattons, Human rights seem to be the same in different states of the European Union, lrowevet; point of the real predominance of rights there are severe differences, because of the deficits the execuhon of norms. States of the European Union recognize conceptions and legal steps towards the Europeanization of the criminal procedure law as the decrease of their sovereignty. The Hungarian legislator has made a severe regulation retrocesslon in the new Hungarian Basic Law in the field of assurance of human rights. The formation of an office with European controlling competence should be considered to ensure human rights in the human procedure. This Office for Human Rights could control the predominance of human rights in all phases of the criminal procedure, even in the prison.

The Rights of the Accused Person from the Viewpoint of the New Hungarian Fundamental Rights

Union, since subjects under a criminal procedure are in a naked position. The accused person can count only upon the help of his/her defender and the human rights organisations. Human rights seem to be the same in different states of the European Union, however, in point of the real predominance of rights there are severe differences, because of the deficits of the execution of norms. States of the European Union recognize conceptions and legal steps towards the Europeanization of the criminal procedure law as the decrease of their sovereignty. The Hungarian legislator has made a severe regulation retrocession in the new Hungarian Basic Law in the field of assurance of human rights. The formation of an office with European controlling competence should be considered to ensure human rights in the human procedure. This Office for Human Rights could control the predominance of human rights in all phases of the criminal procedure, even in the prison.

Being Present in the Administrative Criminal Law: Regulation on Presence of the Hungarian Petty Offence Procedure

ENCHANCING THE RIGHT TO BE PRESENT, 2020

The petty offences have a dual nature in majority of the European continental legal systems: they are on the crossroads of administrative and criminal law. A similar model evolved in Hungary after the 19 th century. The Hungarian regulation on petty offences has moved between administrative and criminal law. Although art 6 of the ECHR is interpreted broadly by the ECtHR, the European Union legislation (the Directive 343/2016/EU) cannot be applied in the Hungarian petty offence procedures. Despite this narrow approach of the EU legislation, the main guarantees of the Directive are prevailed by the major petty offence cases. If the procedures can result a detention nature punishment (in Hungary: elzárás-custodial arrest) the guarantees of the presence of the defendants mainly prevails. In more administrative-thus minor-cases in Hungary simplified and administrative nature procedural rules are applied. However, the significance of the administrative criminal law is decreasing in Hungary, especially the rise of the 'administratisation' of the liability for minor infringements. Keywords: • petty offence • right to fair trial • presence in criminal cases • Hungary • procedure • dual nature • practice of ECtHR • Directive 343/2016/EU

Release from 'prison' in Hungary

Zbornik radova Pravnog fakulteta, Novi Sad, 2015

In my study I introduce the Hungarian conditional release and presidential pardon and new compulsory presidential pardon system. This study is based on research carried out in the Ministry of Justice at the Pardon Department in which I analyzed several dozen petition pardons. In connection with the new compulsory presidential pardon I examined the judgment of the European Court of Human Rights, which has condemned Hungary because of its adoption of real (whole) life imprisonment.

The Birth Of The New Hungarian Prison Act (Conditions, Reasons, Results)

2019

Часопис Національного університету "Острозька академія". Серія "Право".-2019.-№1(19)  The Birth Of The New Hungarian Prison Act (Conditions, Reasons, Results) / Pallo József // Часопис Національного університету «Острозька академія». Серія «Право».-2019.-№ 1(19) : [Електронний ресурс].-Режим доступу : http://lj.oa.edu.ua/articles/2019/n1/18jppcrr.pdf.  were regulated by law while the Prison Code was only regulated by a law decree was also problematic.  The second reason was concerned directly with the application of law as the regulation itself wasmodified and amended frequently, which led to the fragmentation of the once uniform contents and the loss of previously unquestionable jurisprudential correspondences, thus increasing the difficulty of law application. Finally, the most important message of the Hungarian codification: the prison law does not dominate, but to serve to the people. 9

The First Correctional Legislation and Codification Following the Regime Change in Hungary

STS Science Centre Ltd., 2018

It is almost a quarter of a century since the correctional legislation of 1993 came into effect. The importance of this regulation cannot be stressed enough since its focus was to facilitate Hungary's entry to the more up-to-date European norms. By analysing the social and legal circumstances of the era, the author presents the more important events of the codification, its provisions and long-term effects. The author concludes by stating that modern correctional philosophy has only had a brief impact on the legal evolution of the relevant fields.