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- Author or Editor: Csaba Fenyvesi x
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The author made a research over the past six years, and gathered data regarding confrontation as truth-seeking method in the criminal procedure. He analysed the Hungarian legal rules of confrontation in historical and recent time and claimed that the concept and the types (classification) of confrontation was clear. As an evidentiary procedure, it can be well demarcated and distinguished from other applicable means of seeking the truth in CPA and beyond it in the area of criminal-tactics. Thus, from interrogation, identification parade, attempt to prove, crime scene interrogation, search/body search, parallel hearing of experts, polygraph and cross-examination. Above all you can read a few amendment proposals of the statutory regulation of confrontation.
This interdisciplinary study shall explore the implications of coercive conduct in the course of criminal procedures, both in the legal theoretical and the practical sense of the term. We shall make a distinction between legal-necessary and illegal-unnecessary coercive conduct and the forms of its implementation. These issues will be analysed in the respective stages of the procedure (investigation-detention-court trial-law enforcement). The study will explore the issue both from the viewpoint of the victim and the parties concerned in the procedure, who are subjected to coercive conduct, furthermore will highlight the major features of the offences affecting them. It shall discuss victimisation catalysts and their functions and finally, assess the ways of reducing the potential of related secondary victimisation.
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.
Portrait-Sketches from the History of Hungarian Neo-Kantian Legal Philosophical Thought Current Issues in Criminalistics (Criminalistics as Both as a Branch of Science and as a University Subject) Trilateral Conference on More Harmonized Criminal Law in the European Union
