Novelties and consistence in the new minor offense law of Hungary

Czédli, Gergő (2015) Novelties and consistence in the new minor offense law of Hungary. Acta Juridica Hungarica, 56 (4). pp. 343-365. ISSN 1216-2574

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Abstract

This article attempts to present an overview of Hungary’s 3^rd generation legislation in minor offenses. Historical references are invoked only if ultimately necessary either for better understanding, or to appreciate the contrast between current provisions and former rules, but usually the paper does not look back any further than the previous act. After a short introduction aimed at comprehending the subject itself, the article presents the concept published by the government, to see what goals it had and to realize how much it has subsequently achieved. The concept and a very short history are followed by a general overview of the new Act as a whole. Chapters 4, 5 and 6 focus on the most fundamental changes, novelties, arguable or simply strange provisions, taking into consideration the substantive, procedural and executional regulations. As disputes arise, I also try to show what, sometimes controversial, solutions legal practice can offer, and to indicate where and how the legislature should consider amending the Act. A deeper theoretical and constitutional background has been omitted, as the paper strongly focuses on a practical approach. The admitted purpose of the new Act was to speed up the procedure, accompanied by the hidden, although obvious aim of strengthening deterrence. None of these are fulfilled completely, yet considerable steps have been taken. The reason of partial failure is often within the Act itself, this position will be argued in this paper.

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