REFLECTIONS ON PRACTICE OF PRE-TRIAL DETENTION

Krisztian Szabo
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Krisztian Szabo: Assistant Professor, University of Debrecen, Faculty of Law, Attorney, HUNGARY.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2014, vol. 59, 237-245

Abstract: The Hungarian criminal procedural law practice is far from the norms at several points, unfortunately, the juristic acts of the European Union, the European Court of Human Rights practices and the Constitutional Court's decree make just as little influence on fixed schematic thinking and decision-making as the Explanation of the Criminal Procedure Act (Holé & Kadlót 2007) and the ad hoc decisions of the Mansion. It is more devastating in the cases of pre-trial detention related procedures, whether it relates to the enactment or the reservation, for the enforcement of the right to effective protection is strongly questionable nowadays. In this treatise - including but not limited to – I am trying to analyze a few parts of this issue, however, they definitely belong to the most frequently encountered problems in Hungary. Changes are not experienced across the equality of arms, or the enforcement of the effective defense in the entrenched practice of criminal procedures, despite the fact the need, reasonableness now can be seen brighter than the sun.

Keywords: pre-trial detention; practice; right to effective protection; coercive measure; Hungarian criminal procedural law (search for similar items in EconPapers)
JEL-codes: K4 (search for similar items in EconPapers)
Date: 2014
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