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IQ versus impressionability
39-46Views:242This is an essay about the connection of impressionability and intelligence quotient. The intelligence quotient of witness or accused has main role in the criminal procedure.
So, what is the intelligence and the intelligence quotient? The intelligence is a mental power, that contains the quality of argumentation, contemplation, learning, problem solution and the abstract thinking. This mental power helps to understand the happenings in the world. The intelligence quotient of the witness or accused is very important, because the quality of perception is based on the intelligence quotient. The perception shows how they can remember the criminal situations. The intelligence quotient depedns on the the social and cultural enviornment, the inherited qualities, and the personal experiences.
The important question is, which is the stronger, the intelligence or the impressionability. High intelligence quotient is a mean of the witness or accused to escape form impressionability. On the other hand, the authorities try to use the power of influence. So two powers meet in the criminal procedure, the intelligence and the influenceing, and usually the stronger is the winner.
The intelligence quotient has main role in the part of the investigation and the trial. The warnings before the interrogation are written in the difficult language of law. So it would be a problem in the part of investigation, because the witness or accused does not understand these. Because of that they would say or tell something that they would not tell in normal circumstances. The low intelligence makes the accused confess their real or believed sin. The accused with higher intelligence quotient understands much better the warning, and they can use those possibilites the law premits them. Their combinative quality is higher, so they discover another solutions not just the confessing. The authorities shall pay attention to the intelligence quotient of the accused, because the extremly low intelligence quotient would be the sign of mental retardation. The mental retardation is a kind of pathological mental state. The accused who suffers in pathological mental state is not be punishable or his or her punishment may be reduced unlimited.
The language of trials is also difficult and the other problem with it is publicity. The accused with low IQ feels shame because of their low IQ so they want to keep it secret. The accused becomes stressed in the trial so they lose their second chance to make things better, because they are not able to confess without impressions again. Low intelligence quotient usually cooperates with low ability of problem solution, so the accused with low intelligence can’t adapt themselves to the occassion of the trial. This circumstance would influence the judges, when they impose punishment, so the punishment would be stricter.
The conclusion is that the accused with low intelligence quotient meets with some difficulties during the criminal procedure, so the consuels for the defence shall pay attention to them, and help their clients with comments of the legal texts. On the other hand, the authorities shall be out for the good knowledge of mankind.
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The lead of the proceedings and the subjectivity of the judges – influence in the courtroom
59-65Views:236The image of the judicial proceeding and the impressions of the participants are defined by various facts. These are important things, because the prestigious environment and the skill-based human approach are key factors in the acceptance of the judgments. The article analyzes the possibilities of the judicial influence through examples: like the condition of the buildings, the appearance and behavior of the employees and the staff. The statements made by the accused during the investigations are also very important within these topics, because they can justify the charge and predict the process of the proceedings. The personality of judge has great importance in the lead of the proceedings – for example tone, questioning style, situation awareness and logic. These things above are definitely specify the way of the proceedings.
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A mediáció lehetséges hatása a jogi kutatás módszertanára: egy ablak a nem dogmatikus jogi megközelítésekre?
121-144Views:158A doktrinalizmus dominanciája a jogtudományban, különösen a hagyományos kontinentális jogrendszerrel rendelkező európai országokban, elfogadott igazsággá vált. Mindazonáltal új jogi kutatási módszerek is jelen vannak, amelyek eltérő megközelítéseket alkalmaznak a jog tanulmányozásának módjára vonatkozóan. Ilyenek a multidiszciplináris és interdiszciplináris módszerek, amelyek külső, különböző tudományterületekre nyitott megközelítést kínálnak. Ezáltal ellentmondanak a doktrinalizmus belső logikájának, amely lényegében a “black-letter” érvelésen alapul.
A mediáció olyan vegyes szociáljogi természetű folyamat, amelyről úgy gondoljuk, hogy elősegítheti a multidiszciplináris megközelítés iránti érdeklődést, különösen az egyre növekvő szabályozási tendenciák mellett, amelyek ösztönzik ennek az eljárásnak az igénybevételét, szemben a hagyományosabb és formálisabb eljárásokkal szemben, mint amilyen a bírósági igényérvényesítés, hogy költség- és időhatékony megoldást kínáljanak a jogvitában érdekelt felek számára. Mindazonáltal érdemes megemlíteni, hogy számos akadály létezik, beleértve a mediációval szembeni ellenállást is, amelyek gátolhatják ezt a folyamatot.
A tanulmány célja, hogy áttekintést nyújtson erről a módszertani vitáról, valamint a mediációnak, mint alternatív vitarendezési mechanizmusnak a lehetséges hatásairól ebben az összefüggésben.
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Role of stereotypes in the demonstration
79-85Views:144The aim of the study is to present the creation, development and forms of manifestation of the stereotype, furthermore, to represent how the certain created stereotypes influence the public thinking. The main trend of these ideas is to review whether the different stereotypical assumptions are shown in the course of demonstration and if yes, how they are emphatic. In addition to this I attempt to show how the generalizations gain ground in the criminal proceedings, especially in the demonstration. Prejudice will be examined from the aspect how the way of thinking of the adult population is pervaded by discrimination in Hungary today. My aim is to present how much the generalizations gain ground in the criminal proceedings, within this in the demonstration. In course of information and data collection I was led to the conclusion that in these days the stereotypes play very important role. In the course of my observations it became clearer and clearer to me that numerous stereotypes come round us. We think about different groups of people, things, situations, concepts in stereotypes. The range of stereotypes is quite wide. Stereotypes always have been and will be in human culture. We need them since they help to orientate in the world around us but they can be dangerous as well, since they can affect the minorities, genders and different groups of people disadvantageously.
As I have already mentioned, the main trend is to reveal the criminal projection of prejudice. We have to deal with the stereotypes, we have to know them in order to be able to handle them. I am convinced that some kinds of stereotypes live in everyone, we think in stereotypes many times, even when we do not notice them. If the stereotypes extremely consolidate, stiffen, they can easily become prejudices hurting others. Prejudiced way of thinking hides very much danger, it is important to be aware of the prejudices existing in us and to try to get them over. From the point of view of the topic discrimination can realize in the course of arrest, demonstration, formal accusation and rendition of the judgement.
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The organisational changes of public administration in the mirror of the system of the authorities of the offences law
Views:222The paper introduces the most recent processes taking place within the Hungarian public administration from a special aspect and follows the system of the authorities of the misdemeanor law from the 19th century to nowadays. It presents the system of the monarchy, the councils and the period after the change of regime. The Constitutional Court with its Resolution no. 63/1997 (XII. 12.) declared the dual nature of offences – being against public administration and bagatelle cases pertaining to criminal law – and although with a different legal reasoning, it prescribed the right of access to court in both cases. The mentioned separation has resulted in conceptual problems exerting their influence to this day, at the same time the majority of authors dealing with this field instead of the majority opinion accepted the concurrent explanation of László Sólyom, to which Constitutional Court Judges János Németh and Tamás Lábady also joined. In 2012, however, several important changes took place simultaneously. The new Act on Offenses shifted towards criminal law while it terminated the right of local governments to regulate offenses. In parallel with this, the Act on Local Governments at the beginning provided an opportunity for the local governments to sanction anti-social behavior which was revoked by the Constitutional Court in the same year. The paper investigates the effect of the decisions of the Constitutional Court and analyzes the opportunities of public administration within the present legal framework to apply sanctions and defines those criteria on the basis of which the legislator could settle the current situation.
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Az orvostudomány elméleti, gyakorlati eredményei és a büntetőjog kapcsolata
1-8Views:199In the 19th Century the results of the natural sciences – physics, chemistry –, the technical
achievements incorporated in the medical science, and made the medical science an intensive
progress. This article presents the scientific results, which have the largest relevance regard
the criminal law and which have a significant impact on the science of criminal law and its
affiliates.
The advance of medical science results the appearance on the one part the expansion of the
medical knowledge and medical tasks, on the other hand new offenses and new types of
evidence. The practical application of the results of medical research into the criminal
procedure (blood tests, DNA test, etc.) allows primary the faster detection in the investigative
stage of criminal proceedings, and the making of more reasonable judgments. On the territory
of psychiatry are very important the results of research of the state of consciousness, that
influence the offenders culpableness, because they give an answer to the question, in what
consciousness was the offender at the time of the crime.
This article submitted the most important correspondences of the medical science and
criminal law, and it is established, that the results of the medical science support the further
development of the criminal law and its affiliates. -
The psichological aspects of the false facts of the case in the sentence
Views:334Psychology plays a main role in the criminal procedure. The psychological methods started being used only in the 19th century. During the legal proceedings the autorities must deal with people. The behavior of the people is very different. The authorities must know the basic rules of the psichology to understand the accused people and witneses. The human memory has a lot of regularity. The knowledge of these regularities make easier the efforts of the authorities to get the truts. The importance of the pschichological knowledge in the legal occupation is unquestional. Overbearing police methods creat too high risk of false confession and are not likely to yield factually reliable information from the accused. A significant number of confessions that result in wrongful convictions are obtained through coercive questioning. This paper examines false confessions and discusses the psychological and social factors that influence the verdict in criminal procedure and how often do false confessions lead to miscarriages of justice. In determining the admissibility of confession evidence, the courts have to considere factors such as mental abuse in addition to physical force and threats.
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Collisions of fundamental rights in the legislative background of criminal procedure particularly regarding the sector-specific confidentiality
Views:201The right to a fair trial by an independent and impartial tribunal is a fundamental right everybody is entitled to. Through such right, transparency and publicity becomes an important guarantee of the administration of justice, in a broader sense, and as a procedural principle of different court proceedings as well. The collision between the requirements of privacy protection and transparency impose challenges on the legislator, the legal practitioners and on the judicial practice as well, from many aspects. Beyond issues of data protection, these requirements influence the publicity of the courtroom, the publicity of proceedings to the press, and the protection of personality rights.
In the general interpretation publicity is a safeguard which guarantees the indecency and impartiality of the court and it is also a significant instrument of social control. The study distinguishes between the different level of publicity in a criminal procedures such as “socially publicity”, “courtroom publicity” and “client publicity” and examines practicable problems like online-streaming during the criminal court proceeding.
In order to ensure the transparency of courts, the information stored must be provided to the parties, other authorities, and the media, taking into account applicable legal provisions.
When it comes to the operation of courts, one of the biggest problems with regard to the constitutionality of data processing is when the qualification of a particular data is changed several times in different procedural stages, and is – consequently – subject to different legal protection. Needless to say that the same data cannot be considered as both public and protected at the same time in the same procedure. However, this issue arises regularly, which is quite frankly a legal nonsense requiring an immediate and comprehensive solution.
Finally the study mentions some de lege ferenda recommendations as well.
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Development of the new organisation of the capital local government in the years between 1989 and 1994
Views:152After demonstarting a short historical and national angle in my study, I would like to sketch a general survey about the rising and the operation of the capital local government between 1989 and 1994. This period was the beginning of establishing the system of local governments. This period resulted a remarkable turn to the direction of the capital level.
Now this subject belongs to the history of public administration, but it is still a current question from many points of view. It is true that the relationship between the capital and the district local governments is rather contradictionary, as this is true for the relationship of the regime and the government.
The development of the capital local government can be approached only if we examine the whole local government system. The governmental system and its contemporaries made influence to the operation of the capital local government too, especially in two fields, on the one hand the specific structure of the capital local governmental system, on the other hand the disintegrated structure of the capital agglomeration.
The special structure of the capital local government influenced significantly the relationship of the local governments and the capital, and the relationship of the capital and the regime. The sharing of the tasks and the financial sources were a source of tensions between the capital and the districts. There was a great need to use long-term principles in sharing these sources. The conflicts became deeper and deeper, because the competencies were not clearly divided, and some investments failed because of the resistance of the district local governments.
The relationship of the regime and the capital determines the special position of the capital, and the strong dependence on the state supports. This situation can be worse by the conflicts in the political principles of the capital local governments and the regime.
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Előreláthatósági klauzula a szerződések jogában
Views:140The essay is about the clause of foreseeability in connection with damages for breach of a contract. This seems to be a constant problem throughout the history of law how and when it is reasonably to limit the amount of damages in case of breach.
The general principle of full compensation originates in the main purpose of private law, restoring the violated financial situation. At the same time in business relations it often happens that damages occurred as consequences of breach highly exceed the contractual interest of the party and generate indirect damages independent from the violator’s influence. This is considered to be the starting point of the dilemma about restricting the damages availably for compensation.
Full compensation and its relation to breach of a contract occurred in the Hungarian jurisprudence many times. Miklós Világhy suggested the reconsideration of full compensation in contract law in 1971. Attila Harmathy also suggested the implementation of foreseeability clause in the rules of contract law as the ‘best possible way to treat business relations between the parties’.
Due to the historic and social differences various forms of foreseeability are known in the legal systems.
The study examines the development of foreseeability, its first codification in the French Napoleonic Code Civil, its application in the law of the USA and some significant sentences of English courts. The first application of foreseeability was in the infamous Hadley v. Baxendale case, in which an English court worked out the meaning of contemplation rules. In the case of Victoria Laundry Ld. v. Newman Industries Ld. (1949) the court defined the meaning of foreseeability. According to the sentence of the case damages are limited to those that were foreseeable for the party at the time of entering a contract. The study also analyzes the German model of restricting damages of breach. The German theory ensures the possibility of exoneration for the violator if the other party failed to give proper information about the unusual danger of breach in the particular case. If the entitled party acted intentionally, the German law accepts exoneration. The essay demonstrates the adequate causality conception of the German law. This theory states that an act can only be the probable cause if – due to the normal and reasonable procession – it is able to cause such consequence. In our opinion foreseeability gives a stricter and much better solution of restricting damages with a more objective measurement for the obliged party on how to calculate his behavior in a certain contractual relation. The amount of risk can be predicted if the rules of damages for breach are based on foreseeability rather than adequate causality.
The new Hungarian Civil Code plans to establish objective liability in contract law. The only exoneration can be the successful reference to unavoidable external cause. Beside this stricter liability the new Civil Code also introduce the possibility of limitation in damages, the application of foreseeability clause. This seems to be a significant preference for the obliged party. As in the Hungarian legal history foreseeability clause was never used, it is an essential question how judicature will interpret the rule in practice. In our opinion for an adequate application of the new clause it is necessary to take a closer look at the United Nations Convention on the International Sale of Goods (CISG), the Principles of European Contract Law (PECL) and the interpretation in the American and English case law. This study tries to give some help for it.
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Family businesses and shareholders' agreements - possible links
99-124Views:173The concept of a family company is not defined in current law. In the case of companies in which members of a family have a decisive influence, it allows only a formal approach. However, in addition to the formal approach, the substance of the company, the specific nature of family interests and values, justify an examination of the company from other points of view, which allow not only the long-term commercial economic activity but also the specific nature of family relationships to be examined on the basis of company law. It is therefore of the utmost importance that family companies should reflect family relationships, the need to operate intergenerationally and protect the family nature of the company, and ensure the family's long-term prosperity. The combination of the formal and substantive elements makes it possible to conclude that family companies are special legal entities in which a particular family community has a decisive influence, has and represents specific interests and values, among which the protection of family assets, the aim of intergenerational operation and the safeguarding of the long-term well-being of family members are to be highlighted. The Civil Code provides for multiple means of achieving these interests, in addition to the classic instruments of company law, including the possibility of shareholders’ agreement.
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The evaulation of practical significance of the CISG and UPICC
21-40Views:417The main aim of the present study is to determine the real practical relevant and volume through the evaulation the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). In order to achive the mentioned aims, the study applies the results of the available empirical studies regarding to the CISG, whilst regarding to the UPICC, the study applies the available case law abstracts. In case of the Vienna Convention, it can be obviously stated that, the volume of practical application of the CISG is rather moderate, lags behind the success that the legal literature attributes to it, whilst under the results of revision the available case law in connection with the UPICC, can be declared that, the UNIDROIT Principles mainly promotes the interpretation and completion of the national law and also the international legal instruments, the contracting partie’s intend to apply firstly the UPICC as substantial law, is rather low. Furthermore the study also pay attention the CISG and the UPICC influence to the national law legislation, and declares that, both legal instruments have a huge impact to the national law making.
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Benedikt Carpzov's two works in Debrecen archives
1-11.Views:211The Saxon Benedikt Carpzov was considered one of the most illustrious jurisprudents in the early modern period. In the 17th century, Carpzov gained high prestige and authority across Europe, serving as a general reference point for criminal jurisprudence and legal practice. His works – primarily that focused on criminal law – were also applied and referred to by Hungarian courts in the 18th century. The research of Carpzov’s influence on 18th-century Hungarian criminal law as a legal historical phenomenon has not been a fully revealed area. This brief paper tries to make an interesting cultural-historical contribution to the research of the “Carpzovian-effect” in the criminal practice of the Debrecen Magistrates. Fortunately, we can find Carpzov’s two works in good condition in the National Archives of Hungary-Archives of Hajdú-Bihar County. This circumstance provides us unique opportunity to examine these jurisprudential works more profoundly. The Saxon author’s works functioned as “cultural transfers” transmitted foreign legal impacts to Hungarian praxis. The notes, text underlines, and the other types of text highlightings found in these books can enrich and make the research results of analyzing the archival documents of Debrecen criminal procedures more nuanced. This paper is preliminary research, and it establishes the dissection of the notes made in Carpzov’s works. The final goal is to understand how Hungarian judges, prosecutors and advocates interpreted (adapted) the Saxon jurisprudent’s opinions.