Suchergebnisse

"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.

Child protection in justice is designed to prevent crime among children and juveniles, to keep them away from further crime, and to reintegrate young offenders into society. So, it also covers the areas of prevention, enforcement, and aftercare. As early as the beginning of the twentieth century, it was recognized that child protection covers the elimination of a child's financial vulnerability, the prevention of moral misconduct, and the representation of the interests of both orphans and the unhealthy. The country's opportunities have been influenced not only by political ideologies but also by the human and material casualties suffered as a result of the two world wars. The current focus of child protection in justice is always on socio-economic and political problems. Examining the personality and family relationships of juvenile offenders also went a long way in the designated period. The protection of children in justice also affects the areas of administrative law, criminal substantive and procedural law, and criminology. At the end of the paper, I compare the institution of patronage and the preventive patronage.

In dem ersten Teil wird die Entstehung des Begriffs von materielle Rechtswidrigkeit als Gegenbegriff von formaler Rechtswidrigkeit dargestellt und der Eifluss des Buches "Der Zweck im Recht" von Rudolf von Jhering wird darin aufgehoben. Im zweiten Teil wird die Veränderung des Begriffs "Rechtsgut" in den letzten Jahrzehnten in der deutschen strafrechtlichen Literatur analysiert, durch welche Veränderung wird der Rechtsgut als verfassungsrechtliche Schranke vor der Gesetzgebung wiedergeboren. Die Studie kritisiert diese Veränderung als Gefahr für die demokratische politische Willensbildung.

The field of investigation of penology, the concept of criminal penalty as well as its general and specific goals and content have not changed despite drafting and formulating more and more types of criminal penalties in the penal/criminal codes over the past several decades. Regardless of the aforementioned, penology these days must have specific responses to situations – whether it is justified to extend the sphere of criminal penalties to penalties in case of which the goal of imposing penalty can be achieved in other ways, or whether it is necessary to apply the traditional penal measures to facts or perpetrators, in case of whom applying other measures can be more efficient in order to achieve either the protection of society or general prevention. This study is aimed at finding answers to these questions.

"The essence of the blockchain technology lies in that via connected IT devices such a base of information is formed which simultaneously, with making a thousand copies, is able to register data of transactions, automated transactions, without any external supervision and the possibility of retrospective one-sided modification. Many believe that the system of blockchain (and the digital general ledger system forming its base) will bring about such a change into our lives which the Internet brought when it started to spread in the 1990s.
The most successful examples of blockchains so far are financial tools. The Court of the European Union has already ruled in judgement no. C264/14 that bitcoin virtual currency is considered to be a contractual money, it is a direct money between economic actors who accept it.
It is a perpetual dilemma of the law and legal regulations that lawmakers react to the events of everyday life slower than the speed at which economic actors find new solutions to various problems. Do new possibilities provided by blockchains surpass risks, or is it just like an Internet article warns: are hackers becoming the new lawyers? What can a corporate lawyer say to the previous question − can salary be asked for in bitcoin?
This presentation tries to answer the question of how much the blockchain system facilitates the conclusion of employment contracts or the fulfillment, the control, and the administration of employment relationships and whether the human element is indispensable in the operation of these systems."

Ferenc Finkey's scientific achievements and human qualities have made him one of the most prominent personalities in the field of legal sciences and prison affairs. He did not, of course, begin his epoch-making activity in a "vacuum", so we consider it important to present the antecedents, the penological initiatives of the early 19th century, focusing on youth protection and work in prisons, and we describe the social and political reasons that supported or made it difficult for Finkey's ideas to emerge. The fall of the Hungarian Soviet Republic had tragic consequences for criminal pedagogy trying its wings. We have gathered a bouquet of human and professional reasons why Finkey has distanced himself from the spirituality, events, and aspirations of the Hungarian Soviet Republic in every way. Fortunately for criminal pedagogy, Finkey's professional career and scientific aspirations were not broken by the proletarian dictatorship and the subsequent ideological retaliation. Finally, we prove the greatness of Ferenc Finkey's theoretical system in criminal pedagogy by using the ideas formulated in his own work Punishment and Pedagogy, which is considered to be the most important one for the topic of our study.

This paper has been inspired by the overview of the work of Ferenc Finkey as a crown prosecutor. It concentrates on certain procedural stages of the Hungarian Code on Criminal Procedure (Act XC of 2017) and demonstrates how this new act brings changes to the decision-making powers of the prosecutor's office compared to the previous act and also how the prosecutor's office serves as an important authority influencing the outcome of the case during the whole criminal process.