Suchergebnisse

Freedom from arrest -- Parliamentary elections -- Parliamentary wages -- The process of statutory regulation -- The royal courts and their procedures -- The texts -- Documents relating to parliamentary privilege -- Documents relating to parliamentary elections -- Documents relating to the payment of members of parliament

Preliminary Material /T.G. Leesen -- Introduction /T.G. Leesen -- I. Male Puberty /T.G. Leesen -- II. Res Mancipi /T.G. Leesen -- III. Specificatio /T.G. Leesen -- IV. Filius Praeteritus /T.G. Leesen -- V. Legatum Per Vindicationem (1) /T.G. Leesen -- VI. Legatum Per Vindicationem (2) /T.G. Leesen -- VII. Legatum Per Praeceptionem /T.G. Leesen -- VIII. Datio Tutoris /T.G. Leesen -- IX. Regula Catoniana /T.G. Leesen -- X. In Iure Cessio Hereditatis /T.G. Leesen -- XI. Condicio Impossibilis /T.G. Leesen -- XII. Stipulatio For A Third Person /T.G. Leesen -- XIII. Literal Contract /T.G. Leesen -- XIV. Emptio Venditio (1) /T.G. Leesen -- XV. Emptio Venditio (2) /T.G. Leesen -- XVI. Mandatum /T.G. Leesen -- XVII. Servus Communis /T.G. Leesen -- XVIII. Datio In Solutum /T.G. Leesen -- XIX. Novatio /T.G. Leesen -- XX. Actio Noxalis /T.G. Leesen -- XXI. Noxae Deditio /T.G. Leesen -- Conclusion /T.G. Leesen -- Appendix 1. Pomp., D. 1.2.2.47–53: Text And Translation /T.G. Leesen -- Appendix 2. The Leaders Of The Schools /T.G. Leesen -- Appendix 3. The Sabinians And The Proculians: Topoi /T.G. Leesen -- Bibliography /T.G. Leesen -- Source Index /T.G. Leesen.

"There has been a lot of controversy among the Hungarian jurisprudence regarding the creation of the new Hungarian Criminal Procedure Act. It was also raised whether there was a need for a new code of procedure at all, whether it was not enough to adapt the existing regulations of the old Criminal Procedure Act to the new Criminal Code.
The Criminal Procedure Act, which has been in force since July 1 2018, may seem a distant start compared to Ferenc Finkey's work, but we will see that knowledge of the legal history and the processes involved are essential to understanding the changes in the present.
This is specially true for changes that affect the principles on which criminal proceedings are based. One of the biggest changes in the new Criminal Procedure Code – at the level of the priciples – is undoubtedly the relegation of the principle of official proceedings to the background, as it often turns to opportunism rather than officiality in order to increase simplification and efficiency.
In fact, in his work, Finkey has already perfectly described the mechanisms that we can discover in today's changes. Perhaps it is no exaggeration to say that his work may have provided a basis for fundamental changes in the new Criminal Procedure Code. His theories presented in this study shed excellent light on the dynamics that have permeated all areas of legal history in law and on the processes that, if we recognize them help us understand why it is necessary for our laws to be recreated sometimes.
All in all, we can see that the principles are never of absolute value, but their meaning is constantly changing, as the legislatorial ways breath in the spirit of the current age. When these principles are no longer able to keep up with change, they must be re-formed. And if we are to form such an important principle, we need to enforce a new vision throughout criminal proceedings that makes it necessary not only to make amendments to the Code of Criminal Procedure but also to create a whole new law.
In order to see the real effects of the present innovations and the actual processes it has initiated in our criminal procedural law, a comprehensive analysis of the practice will be needed. We need to examine how quickly law enforcement can respond to the loss of space in centuries-old traditions. It may also be a question of whether we can talk about a real loss of space at all, as it is also conceivable that the principle of officiality has narrowed at the level of the normative text, but the old routine, attitude, and instincts live on in the application of law. The outcome of this examination may also raise important questions, including legal certainty. It is essential that once our procedural law has reached the point where it had to be born again, the application of the law be reborn with it."

In my article, I examine some of legal opinions of Ferenc Finkey's with regard to substantive criminal law, from the perspective of today's criminal lawyer. I present the concept of criminal offence in Finkey's works, dealing with the issues of unlawfulness and guilt, also pointing to aspects not discussed in the previous literature. In the case of the act of trying to kill a dead person, my opinion is that it is more proper to establish criminal liablity for an unsuitable attempt of homicide instead of excluding liability. Regarding to the continued offence, I accept the the young Finkey's position, while with regard to the concurrence by one act, I do not agree with Finkey at all. My conclusion is that Ferenc Finkey's books and articles would be welcome for today's criminal lawyers to get acquainted with them as well.

In my short essay, I tried to present the changes in the criminal procedure law of the last one hundred and fifty years, the means of proof, and, wherever possible, to find a connection, as well as Ferenc Finkey's work, who was born 150 years ago. It can be said about Finkey's work, his textbooks that his conception of material and procedural law marked a new era in Hungarian scientific life. He established a modern system, proclaiming the principles that meet the theoretical and practical requirements of a modern criminal procedure based on individual freedoms, acquiring a state-of-the-art approach with a European perspective. As a result, his views are not let out of the latest scientific life either. His theoretical conception and dogmatic theorems still define legal thinking.

In my article, I deal with the prohibition of customary law and analogy to the detriment of the perpetrator. Both mentioned prohibitions arise from the principle of legality. The starting point of the analysis is a decision of the Hungarian Supreme Court in 1898 dealing with the criminal offence of theft related to electricity. I presented examples of the extensive and then of the restrictive interpretation by Hungarian criminal courts. My conclusion is that the principle of legality may obviously infringe, for example, criminal liability extended by analogy. However, an overly restrictive interpretation must also be avoided, as this could threaten to violate the state's obligation for criminalization.

On 20 November 2018, the Hungarian Museum Association of Transylvania and Sapientia Hungarian University of Transylvania organized a round table discussion on the legal history of Transylvania. The event took place as part of a series of events on the Hungarian Science Day in Transylvania, at the Sapientia building on Calea Turzii Cluj-Napoca. The participants were Dr Gyula Fábián (minority law), Dr Zsolt Fegyveresi (constitutional history), Dr László Nánási (history of criminal law), Dr Zsolt Kokoly (history of legal education), Dr János Székely (history of civil procedure law), and Dr Emőd Veress (history of civil law). The event was moderated by Előd Pál. The participants presented their research studies related to the legal history of Transylvania and explored the legal and social situations of the past hundred years.

The principle of favor defensionis (principle of protection) nowadays basically expresses that the Criminal Procedural Act seeks to eliminate and somewhat compensate for the disadvantage of the accused by certain detailed provisions. In dubious cases, the law is interpreted in favour of the accused in the spirit of the principle, even against the equality of arms principle. By this principle, Finkey meant cases where the rules of procedure allow for multiple interpretations, in which case they must be interpreted in favour of the accused. The principle also often appears in today's law enforcement.

Pursuant to the First World War, Romania's territory increased, and thus it inherited a complex social, economic, and legal environment different from that of the predecessor states. The Romanian state's response to these challenges is to be found in the political goal of building a homogeneous nation-state. This political agenda has had an impact on all areas of law, not only on legislation but also on the application of the law. The use of essentially ethnically neutral legal instruments of criminal law for state policy purposes can also be seen as an element of exclusionary nationality policy. The Romanian state's actions have thus not only failed to resolve existing internal tensions but have also made the relations between the majority and minorities, as well as the possibility of consolidation impossible for the past century.