The Characteristic Features of Investigation under the Act on Criminal Procedure in Hungary

Fenyvesi, Csaba (2005) The Characteristic Features of Investigation under the Act on Criminal Procedure in Hungary. Acta Juridica Hungarica, 46 (3-4). pp. 199-220. ISSN 1216-2574

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Abstract

The present study purports to introduce, elucidate and examine reform ideas andinstitutions pertaining to criminal investigation in the purview of Act XIX of 1998 on Criminal Procedure, which came into force in Hungary on 1 July, 2003 through theexplication of the regulation of the different phases and moments of the completion of the investigation and its closure. Besides clearly introducing the general objectives and scope ofinvestigations, as well as the rights and obligations of the concerned parties, the study focuses on the prescribed procedural obligations of the authorities at each stage of the investigation as pursuant to Act XIX of 1998, with reference to the changes incurred in view of the former regulation. After meticulously highlighting the intention of the lawmaker implied by the effected changes and evaluating these, thereby also providing a basis for inter­national comparison, it concludes that the basic objectives of the new, “reform”criminal procedures law included the shift of emphasis from the phase of the investigation to that of the judicial proceedings. The possibility of the achievement of this objective will be tested by the future practice of law applying organs.

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