Keresés

Keresési eredmények

• Terhelti védekezések jogi és pszichológiai szempontú értékelése az adminisztratív csődbüntett köréből

  Elek Balázs

  Hajdú Krisztina

  Megtekintések száma:

  195

  Psychology plays a main role in the criminal procedure, in which the people’s personality is very important to be investigated and known. The psychological methods started being used only in the 19th century. During the legal proceedings the authorities must deal with people. The behavior of the people is very different. The authorities must know the basic rules of the psychology to understand these different behaviors of accused people. The human memory has a lot of regularity. The knowledge of these regularities make easier the efforts of the authorities to get the truth. In the whole process of the investigation the most important fact to know is the personality of the person who committed the crime. When the suspected is being heard, different type of personalities can cause different final resumes. Therefore the importance of the psychological knowledge in the legal occupation is unquestionable.

• Az államhatalmi ágak elválasztása az ókortól a XIX. század második feléig

  Csűrös Gabriella

  Megtekintések száma:

  164

  The purpose of my study is to examine the theories of the separation of powers and its application in different periods. My investigation based on two monograph from Bibó: The Principle of the Separation of Power Sometime and at Present, and Lawfull and Effective Administration, Firm Executive Power.
  The ancient philosophers have already dealed with such theories. Among of them Aristoteles has the largest importance defining the three main powers: the legislation, the executive power, and the iurisdiction.
  The most substantial step in the Middle Ages was creating the moral basis for exercise of powers. The reformation and the development of civil society has improved this conception, Montesquieu attributed the powers with function, and emphasized the separation of them. Nevertheless István Bibó emphasizes not only the separation, but also the struggle against the concentration of power, and the abuse of power. The principle of the separation of powers could prevail clearly only in the USA, but not in Europe. István Bibó explains the causes of
  those in his monograph (The Principle of the Separation of Power Sometime and at Present).,for example the function of the monarcha or the principle of sovereignty.
  Bibó defined the obstructive factors in realisation of the principle of the separation of powers. These are: bureaucracy and the exorbitant state role in the economic and in the culture.
  In his other monography (Lawful and Effective Administration, Firm Executive Power) Bibó describes the necessary elements of lawful and effective administration, like loyality, professionalism and effective enforcement. At the same time, by realisation of these, the risk of the abuse of power could arise, creation of a new power would be therefor necessary. This power might be a regulatory power, which would be able to define the main criteria of exercise of power. Beforehand the church played that role, but in the twentieth century its function became vacant. I think the function of the new power would be similar to the role of the Constitutional Court at national level, or to the role of the European Court of Justice, of the International Court of Justice, and of the International Criminal Court at international level.

• A zsarnokölésről, avagy jogszerű-e a zsarnok elpusztítása?

  81-87

  Dobozi Gergely Ferenc

  Megtekintések száma:

  255

  The aim of the essay is to analyse a special moment, namely the moment of the end of a tyranny. An outstanding problem is how to judge the murder of a tyrant, and the occurrences that lead to that, because these acts actually make a chain of crimes, if they’re examined without the context.

  Breach of the peace, mayhem, mutiny, homicide, these are acts, that are against the moral code of humanity. They have been punished by criminal laws throughout history. Therefore it is crucial to examine the circumstances of this very act. These circumstances are actually the key factors to legitimise the aggression of a rebellion. Nevertheless the first thing that someone has to do during the analysis is to find a comprehensive definition that shows who is the person, who possesses the characteristic of an unjust despot.

• A hamis beismerő vallomást eredményező befolyásolás a büntetőeljárásban

  Elek Balázs

  Megtekintések száma:

  300

  Often justice would be less miscarry, if all who were about to weigh evidence had more conscious of the treachery of human memory.

  The memory ideas of a person are objective reproductions of earlier experience or are mixed up with associations and suggestions. The possibility exists that police might obtain a confession from an innocent person in a crime he had never committed. It is even possible that false confession might lead to a false conviction.

  The power of suggestion devastates memory, and this remains entirely within the limits of the normal healthy individuality. If interviewing techniques were to be assessed in terms of the police claim that they are geared to an objective reach for the truth, then they would emerge as thoroughly deficient. The progress of psychological science can not be further ignored.