Articles

• Benedikt Carpzov's two works in Debrecen archives

  1-11.

  András Biczó

  Views:

  146

  The 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.

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  185

• Criminal offences that infringe on individual freedom versus restrictions imposed during the pandemic to guarantee access to education

  12-22.

  Elena-Ana IANCU

  Enache TUȘA

  Views:

  144

  In the study we propose as follows, we will look at differences in perception between the pandemic constraints imposed by the governmenst of countries affected by the pandemic in view of managing the pandemic and society’s perception that governments have deprived citizens of their freedom by restricting their mobility and imposing restrictions with regard to travel, including in order to attend educational activities. In some cases, the communities affected by the restrictive measures have gone further, accusing governments of the crime of “Illegal Deprivation of Freedom”, which is included by the legislator in the criminal codes of countries. We consider that the accusations brought against the authorities are unfounded, exaggerated, and thoroughly wrong. We believe that they are due to communication gaps in the public domain, the differences in perception of community members in the context of changing paradigms and the insufficient legal education, which leads to confusion between illegal deprivation of freedom and limitations or restrictions. Although, in the legislation, the articles that provide for the criminal offences relevant to the matter are included in the criminal (penal) codes, for example, in the Romanian legislation in Article 205 of the Criminal Code, with the marginal name “Offences against Individual Freedom” of Title I, which bears the marginal name “Offences against the Person”, and falls within the area of ​​interest of legal sciences, we will analyze the effects in relation to the limitations and restrictions imposed by the authorities for the management of the pandemic. To this end, on the one hand we will highlight the aspects of material criminal law necessary for the legal classification of a deed as offence of illegal deprivation of freedom, in accordance with the provisions of the Criminal Codes of Romania, Hungary, Republic of Italy, Greece, and on the other hand, we will present some aspects regarding the management of the coronavirus crisis in the area of ​​education.

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  147

• The Justice System of the returned Parts of the Country after the Second Vienna Award

  23-31.

  László Ádám Joó

  Views:

  151

  The reconstruction of the justice system in the eastern and Transylvanian parts of the country, which returned in 1940, is currently a barely explored area in the Hungarian constitutional history. In this study, my aim is to present through the court system the enormous task of the legislator, which was implemented eighty years ago. This topic can be included in my researches on the legal system of the area, not only from the constitutional history point of view, but also when examining the enforcement of extended private law. The judicial practice was highly influenced by the legal knowledge of judges and became frequently questionable during the period of the extension of the Hungarian private law (1941-42) and it was closely related to their legal activities prior to their appointment.

  In the present study, I follow the changes that took place between the two Romanian occupations (1918-19 and 1944) in the two parts of the country that returned at the same time, highlighting the period when the territories were ruled by the Hungarian state for four years. I use the relevant legislation, archival documents and the literature published so far. Therefore, this study was not intended to be a summary of them, but a synthesis containing new conclusions.

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  177

• "Waiting for Godot..." The Challenges of Codifying a Convention against Cybercrime

  32-41.

  László Kerekes

  Views:

  119

  Ever since computers have existed, there has been a category of cybercrime. And because of the existence of cybercrime, international legislatures are trying to regulate this burning issue. This topic is not unknown to me. I wrote my dissertation on the anomaly of the Dark Web, which I carried on in my dissertation, where I examined the phenomenon of cybercrime on the international stage.
  In my research, I examined how it is possible that there will be no single international cyber security convention in 2021. There are several reasons for this: it is a delicate issue - it has to do with state foreign policy; conceptual uncertainties — the current legal position is not uniform on certain issues either; different practices of legal entities - different states and IGOs ​​- over-regulation - there are currently so many conventions and organizations that the issue is already opaque.

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  206

• The role of interest in civil processes

  42-46

  Tibor Kiss

  Views:

  295

  The study reviews the enforcement of various interest-related claims in civil litigation and their special litigation rules, emphasizing that there are few specific norms in the Code of Civil Procedure from a procedural point of view compared to the enforcement of pecuniary claims. The study compares the interest provisions of the Act III. of 1952 and the Act CXXX of 2016, and seeks to provide adequate answers to enforcement issues arising from regulatory gaps. The article states that the law generally sets out some specific procedural provisions for contributions to be enforced together with the principal claim, which are also subject to interest as a contribution to the principal claim. The number of purely interest-specific provisions in our current law is negligible. The analysis covers the following specific legal provisions concerning interest: the amount in dispute, appeal against the interest provisions of the judgment at first instance, the admissibility at second instance of an increase of the claim for payment of interest, the admissibility of an application for review only of the provisions of a final judgment concerning interest. The study evaluates trends in court practice through analysis of ad hoc court decisions. The author states that uniform and coherent case law is in the best interests of the claimants based on clear legal provisions.

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  152

• The discovering of emotions : – the Law and Emotion Scholarship in Legal Theory

  47-53.

  Zsófia Dóra Kovács

  Views:

  181

  The ’ideal judge’ does not know emotions. Sitting on the bench, the ideal judge is capable to exclude every emotion and making decisions completely objectively and rationally. In legal philosophy until the past few decades, the before mentioned ideal was prominent and still is to this day. However from the 60s in the Anglo-Saxon legal thinking, mainly in the United States of America, a change in perspective started to begin. There was a rapid development of movements that appraised the law and the phenomenons of law from an interdisciplinary point of view. The Critical Legal Studies movement became an independent direction within legal philosophy. Furthermore, there was great progress in the scientific study of emotions. In this area, both psychology and neurosciences achieved serious results. All of these elements together provided a base for the emergence and development of the Law and Emotion Scholarship. This emerging interdisciplinary field brings together scholars from law, psychology, classics, economics, literature and philosophy all of whom have a defining interest in law’s various relations to our emotions and emotional life. My research primarily focuses on the scholarship findings on judicial decision-making, studying how emotions can play a role in the judicial decision-making process. Because the scholars part of the Law and Emotion Scholarship – paying attention to the reality of the everyday life of judges – doubting the idea that emotionless judging is a genuine possibility.

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  170

• - Alternatives to imprisonment in the light of sentencing

  54-65.

  Ádám Antal Papp

  Views:

  176

  In most criminal cases, the judges and the society also think the same, imprisonment is the best option,because  the criminal have to suffer. I think there can be a different way of thinking. There area lot of theretical and practical view,which we can choose from. In my study I want to take a step, to open well-known doors in this well-known question. In my study i want to figure it out, how to find the balance, between the expectation from the society, and special preventation.  It is a really hard question, because it has not any golden rule. In every case we have to look for it.  I choosed verdicts from last 5 years  from hungarian courts, to figure out what was the reason behind the judgement. What was the key  phrase, or factor, which  convinced the judge to choose the alternative sanction.  As is said , there is no golden rule, it is just some theoretical study. In the future i want to make a bigger step, to search the answer.

  But in this study I have some little answers, which will help me to build up the in the future.  I figured out, in the hungarian prison system there is one problem, which is recidivism. In the prison more than 50% of the detainees are repeat offender, or habitual criminal. I think That can be a warning sign  about imprisonment. I think imprisonment is like penicilin in the 20th century. It has the purpose, and can be used in some cases, but not every time. The prisons are overpopulated, which hard for enforcement, and the criminals to. Lot of aggression and physical abuse can accumulate in one cell. I mention a case, which happened in a hungarian prison, where the offender have been killed by his cellmates, because he was weaker then them.

  In my study  I am trying to step forward to find the previously mentioned golden rule.

   

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  222

• A new draft of classification of claims: Reinstating of Bankruptcy Rules in the Provisional Judicial Rules

  66-77.

  Máté Pétervári

  Views:

  152

  After the failure of the Hungarian Independence War of 1848-1849, the neoabsolutism which was the ruling of the Franz Joseph I from 1851 to 1860 reformed the Hungarian legal system. The emperor aimed at legal unification of Austrian Empire therefore he introduced the Austrian codes to Hungary. In 1860 the Austrian emperor eased the absolutistic government attitude with the issuing of the October Diploma and restored the Hungarian jurisdiction and public administration system which functioned before 1847. He charged the Lord Chief Justice, gr. György Apponyi who was recently appointed by him with the realisation of this restitution. That’s why Apponyi summoned a meeting for the Hungarian lawyers in 1861 which called the Conference of the Lord Chief Justice. This assembly specified the material and procedural law for the Hungarian courts.

  In this paper I examine the effect of this conference on the bankruptcy law, and I present the provisions of the Conference of Lord Chief Justice concerning bankruptcy law and the driving forces of the regulation based on the assembly’s records. The conference put into force the first Hungarian Bankruptcy Act (Act 22 of 1840) instead of the Austrian provisional bankruptcy procedure. The Hungarian literature typically includes about this regulation that the assembly only adjusted material and procedural rules of the Bankruptcy Act to the requirements of the civil era. I demonstrated with archival sources and views of conference’s participants that the modifications generated bigger changes in the Hungarian bankruptcy practice. In addition, the first appearance of the deed of arrangement without bankruptcy proceedings in Hungary was connected to the neoabsolutism of which the Hungarian lawyers expressed their opinions.

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  144