Évf. 14 szám 1-2 (2017)

Megjelent December 30, 2017

issue.tableOfContents6733b0fb03a72

Tanulmányok

  • Új kihívások a középszintű államigazgatásban 2016-tól napjainkig A területi kormányhivatalok és járások továbbfejlesztésének főbb lépései és iránya
    2-11
    Megtekintések száma:
    148

    This paper deals with the alteration of sub-national representation of government. Nowadays in Hungary the aforementioned institutions are called county (capital) government offices. The overview gives rise to the following research questions:

    Who are these representatives and what is the role of territorial government offices?

    Why interesting the Hungarian administrative improvement?

    What the future holds?

    The study concludes that the Hungarian Government has a comprehensive plan on the development of public administration until 2020, and the government offices and their districts play a pivotal role in this plan.

  • A szülői felügyeleti jog megszüntetésének hatályos jogi szabályozása a Polgári Törvénykönyvben
    12-18
    Megtekintések száma:
    193

    Being a judge practicing on the area of the law of crimes I rarely come across with the need to apply civil law. Nevertheless, a handful legal concepts may be applied also by criminal courts. One of these concepts is the termination of parental control. Before turning to relevant case analysis in my study, I focus on the principle of the "child's best interest" which is referred to under article 3 of the New York Convention on the rights of children and which has a general fundamental applicability in respect of all provisions of the Convention. This principle must apply not only in civil, but also in criminal proceedings and generally in all types of proceedings irrespective of the area of law such proceedings fall under. Special emphasis is attributed to the legal consequences of terminating parental control and to the distinction of cases where the termination of parental control by the court is mandatory and where such a decision is made in the discretion of the court. I pay separate attention to cases where the court has convicted the parent of a crime committed wilfully against the convicted person's own child and in which cases the convicted person is sentenced to prisonment and as a result of these the criminal court has competence to order the termination of parental control. I address also some issues relating to matters of proof and evidence in connection with crimes of domestic violence. Finally, I explain the nature of a child-focused jurisdiction through the presentation of the Hungarian system which ensures to respect and to give effect to the rights of children to the maximum extent possible. The ability of providing special treatment for children in court proceedings is of the utmost importance.

    PDF
    161
  • A felszolgálási díj szabályozásáról az alapvető jogok biztosának eljárása kapcsán
    19-40
    Megtekintések száma:
    215

    The article introduces the statutory regulation of service charges in relation to the procedure of the Commissioner for Fundamental Rights in a complex manner, by referring to all affected parts of the statutory system providing a detailed and critical analysis, reasoning, furthermore the article also refers to the statutory dogmatic, constitutional issues, controversies, maladministration and interpreting questions related to service charges, by also making reference to the halts in consumer protection – repealing the 15% upper limit. The article presents the answer of the Commissioner for Fundamental Rights and the necessary reflection to this answer. The author publishes his thorough and firm opinion, which  takes into consideration consumer protection and discrimination aspects, in a usable manner for legislators and law enforcement bodies, and summarises the final conclusions, „missing items” complied in nine points.

    PDF
    202
  • Az orvos gyógyító tevékenységének büntetőjogi vonatkozásai
    41-51
    Megtekintések száma:
    121

    The article introduces the criminal liability of the medical doctors in a nutshell. The topicality of this theme is exemplified by the increasing number of criminal procedures against physicians as trends show. During the introduction of the criminal liability of the medical practitioners, the article considers drawing a line between the liability of civil and criminal law of importance. After describing the matters concerning the drawing of line, the study is going to elaborate the legal brief of endangerment committed in the line of duty, followed by a review connecting the prior and the medical profession, presenting some legal cases, respectively. It is very essential to explore the legal brief of prohibited abortion and charlatanry, in addition to delineating the concepts of active and passive euthanasia, and, after having explained the refusal of provisions, it is necessary to aspire to draw a line between the prior mentioned and the legal brief of the assistance in suicide.

    PDF
    130
  • Gyermekkorú bűnelkövetők és áldozatok
    52-62
    Megtekintések száma:
    473

    In this article an evergreen topic will be discussed again and certainly not for the last time ...

    After the presentation on the children of the information society,  the "Z" generation currently living its childhood , their specific problems and their living space, and after discussing the psychological and sociological background, legal history, and last but not least, the statistics,  I am looking for answers in my study such as what factors, data, precedents motivated the legislature to modify the punishable age for crime, furthermore, whether the more than three years since the entry into force of Law C of 2012 have confirmed the decision to be correct. I will also make mention of victims because of the considerable overlap between the perpetrator and the victim circles characterizing juvenile crime, showing the process which broadens the victims’ rights besides the ever stricter penal policy.

    Have hopes regarding the new regulations proven right? What else can the legislature do, and what can we do for our own children?

Hallgatói tanulmányok

  • Az új Btk. időbeli hatálya az egyes általános részi rendelkezések tükrében
    63-72
    Megtekintések száma:
    48

    Act of 2012 on the Criminal Code came into force on the 1st of July 2013 after a long codification period.  A new Criminal Code always leads to problems in application of law, therefore, it is quite actual to make an examination on new provisions. Some classic provisions of the General Part remained the same, although the penalty system and some other regulations have been renewed. The temporal scope of the new code will possibly be in focus for years.

    The aim of this research is to take an examination on the case law and judicial decisions of Hungarian courts related to temporal scope of the new Criminal Code that is a significant part of this paper. The new Hungarian Criminal Code has been required to be prepared more severe than the former code. The other aim of this research is to revise the new provisions of the General Part resulting in statements about whether these new rules are more severe or more lenient than the Act IV of 1978.For this purpose a close legal interpretation shall be taken into account.

  • Zárt ajtókról nyíltan Avagy vannak-e persona non grata-k a büntetőeljárás keretei között végzett igazságügyi pszichológiai szakértői vizsgálatokon?
    73-78
    Megtekintések száma:
    90

    Authorities and courts are supported by various experts from a long time in the process ofdomestic criminal procedures, howeverlegalpsychologyis a pretty young profession in this field. Despite of its brief history it has achieved stability in the system of criminal sciences and has an outstanding role in influencingjudgementon cases. What happens when this specialty itself becomes the subject of an expert procedure? My article willtryto answer this question. I examine the mechanisms of hungarianlegal psychological expertingthrough personal features of the experting-examination within thecriminal legal procedures of law. At the same time I verify thepresumption that thesecomponents work unrealistically and dissimilarly to the actual practice due to thenatureof current legislations. My hypothesis is supported by four interviews with legalpsychological experts and relevant statistical data brought from the analysis of thirty-one cases from TheCourt of Law of Debrecen, between 1st Jan 2000 and 15th Jul 2016. In the last section of my work I propose individual recommendations and guides for the legislator in relation to the earlier highlighted defects.