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

Hoffman, István (2020) Being Present in the Administrative Criminal Law: Regulation on Presence of the Hungarian Petty Offence Procedure. In: Enchancing the Right to be Present. Institute for Local Self-Government Maribor, pp. 39-49. ISBN 9789616842969

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Abstract

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 19th 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.

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