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The Correlation between Second-Instance Review and the Decision-Making Powers of the Appellate Court in Criminal Procedure, in Light of an Unsuccessful Attempt to Amend Procedural Law
Views:93From the perspective of Hungarian criminal procedure law literature, the period between 1954 and 1958 proved to be very productive. The background to this was that the legislator made significant changes to the appeal system, attempting to adopt the Soviet cassation-revision system. This concept was met with resistance from legal literature and resulted in a high degree of uncertainty in legal practice, which together prompted the legislature to restore a system very similar to the original. All this rightly raises the question: why was the theoretical framework of socialist Hungarian criminal procedure unsuitable for the cassation-revision system? In my study, I attempt to answer this question.
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