Az alkotmányjogi panaszok szerepe a büntető ügyekben
The paper examines the role of constitutional complaints in criminal cases. Based on the statistical evidence provided by the National Office of the Judiciary and the Constitutional Court of Hungary, the Author argues that even though the proportion of criminal-law related (which includes complaints...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2015
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| Sorozat: | Acta Universitatis Szegediensis : forum : acta juridica et politica
5 No. 2 |
| Kulcsszavak: | Alkotmányjog, Büntetőjog |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/85562 |
| Tartalmi kivonat: | The paper examines the role of constitutional complaints in criminal cases. Based on the statistical evidence provided by the National Office of the Judiciary and the Constitutional Court of Hungary, the Author argues that even though the proportion of criminal-law related (which includes complaints bringing up criminal procedural and substantive criminal law issues, as well) constitutional complaints was only 13% in 2014 of all cases, their role and importance is unquestionable in the Hungarian legal system. The Author examines the statistical proportion of constitutional complaints on the base where (at which court) there were submitted. She draws noteworthy conclusions from the available data. More than 50 (exactly 53%) of all criminal-law related constitutional complaints were submitted at the Budapest-Capital Regional Court. There are two underlying reasons behind this fact, she argues. One is the huge case-load of the BudapestCapital Regional Court. The other is role of metropolitan defense lawyers in submitting constitutional complaints who specialize in this field. The Author also examines the subject matter of the constitutional complaints. She infers from the cases adjudged that the overwhelming majority of complaints are submitted by prisoners who argue for the shortening of their prison sentence or ask for a ‘just judgment’ in their cases (they treat the Constitutional Court as a fourth-instance ordinary court). It could also be inferred from the statistics that the majority of cases relate to one or more of the criminal procedural norms of the Act on Criminal Procedure rather than to one of the substantive criminal law provisions of the Act on the criminal Code. The Author points out that in most of the cases the petitioners claim the violation of (1) rule-of-law clause (especially the prohibition of retroactive law-making requirement and the need for the uniform interpretation of the law), (2) fair trial requirement and the right-to- (judicial) redress clauses of the Fundamental Law. Finally, the Author points out the most important decisions of the Constitutional Court that formed Hungarian criminal law and provided individual redress for the petitioners. The Author concludes that most important criminal-law related decisions of the Constitutional Court of Hungary was the abolition of death penalty [Decision 23/1990. (XI. 23.)], which serves and served as a cornerstone of the rule-of-law state in Hungary. |
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| Terjedelem/Fizikai jellemzők: | 7-16 |
| ISSN: | 2063-2525 |