The life imprisonment in the hungarian criminal law

Dávid, Ferenc (2023) The life imprisonment in the hungarian criminal law. STRANI PRAVNI ZIVOT: TEORIJA I PRAKSA ZAKONODAVSTVO I PRAKSA / THEORY AND PRACTICE LEGISLATION AND PRACTICE, 67 (1). pp. 45-55. ISSN 0039-2138

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Abstract

Among penalties, the imprisonment is imposed for a fixed duration or for a life term in Hungary. In many cases the duration of an imprisonment may be longer due to the fact that relative dangerous criminal offenses or special circumstances shall be punished differently. As a part of the imprisonment system, but above and on the top of the penalties the life imprisonment is taking place. This penalty is usually facultative and the judge may decide whether the perpetrator would be sentenced for a fixed-term imprisonment between ten and twenty years or to the life imprisonment. The key issues of an “effective” life imprisonment are the right to hope. In line with Hungarian criminal law the court may deny the possibility of parole in connection with sentencing a person for life imprisonment. In the case law of the European Court of Human Rights, Hungarian life imprisonment received special attention and also serves as an example for the sustainability of the current regulation. In this article the author shall guide through Hungarian regulation history and highlight the current system of penalties including the right to hope and the possibility of parole.

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