The Relevance of the Passing of Time in Criminal Law, with Special Reference to Due Process

Pápai-Tarr, Ágnes (2024) The Relevance of the Passing of Time in Criminal Law, with Special Reference to Due Process. EUROPEAN INTEGRATION STUDIES, 20 (1). pp. 79-99. ISSN 1588-6735

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Abstract

The requirement for the conclusion of criminal proceedings within a reasonable time appears as a component of the right to a fair trial in international human rights documents as well as among the national fundamental rights. The passage of time and the prolongation of criminal proceedings are considered by courts as mitigating factors during sentencing. However, taking these factors into account as mitigating circumstances is not unproblematic, as there is no objective point in time after which one can definitively state that the criminal authorities violated the requirement for adjudication within a reasonable time. In my study, I am investigating the criteria by which the European Court of Human Rights (ECHR) examines compliance with the requirement of reasonable time and how the prolongation of proceedings is treated as a mitigating factor in Hungarian judicial practice.

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