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Constitutional content of freedom of expression in the criminal adjudication

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2026-03-31
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Dr. Gunyecz, Z. (2026). Constitutional content of freedom of expression in the criminal adjudication. Debreceni Jogi Műhely, 22(3-4), 71-100. https://doi.org/10.24169/DJM/2025/3-4/4
Abstract

The freedom of expression in democratic countries’ legal system, applied in certain branches of law, is a constitutional foundation. After the regime change, the constitutional content of freedom of expression and the aspects investigated during a criminal dispute were explained in the decisions of the Constitutional Court, which were hard to implement into the substantive law's dogmatics. The courts started to follow the instructions. The Constitutional Court either agreed or annulled the courts' substantive decisions, without engaging in legal issues. Cases and legal disputes constantly arise in legal practice, which makes the Constitutional Court's intervention essential, because the constitutional right of freedom of expression could conflict with other fundamental rights. The study aims to present the nature of the legal conflict.