The violation of fundamental rights of detainees stemming from the conditions of detention in penitentiaries and the right to a fair and public hearing within a reasonable time raise complex concerns, because in such cases the applicants have to submit a procedure under the Hungarian Prison Act or a lawsuit concerning the violation of certain rights relating to personality under the Hungarian Code of Civil Procedure or the Civil Code. The legal protection is uncertain, because the rules relating to prison conditions meet with rules of civil procedure and civil code rules. Court decisions do not help to find the way out of this incoherency. The questions mentioned in the present article raise serious dogmatic debates, casting doubt on the efficiency of the remedies.