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• Basic Trial Rights and Trial Ethics in Criminal Proceedings

  32-55

  Viktor Bérces

  Views:

  194

  The number of criminal court trials is constantly decreasing, as the domestic legislature has introduced a number of legal institutions aimed at diverting criminal cases from the court system, or avoiding charging. Nevertheless, there will always be crimes, the adjudication of which cannot dispense with impeachment based on direct judicial investigation. The trial is undoubtedly the "highlight" of the criminal proceedings, since it is here that the adversarial process takes place in its entirety, and here the defense counsel and the prosecutor have the opportunity to form opinions on factual and legal issues in each other's personal presence. The amendment of the Criminal Procedure Act naturally raised many questions, such as who in the near future will actually control the evidence taken in court proceedings, and what basic procedural rights should be provided to the participants of the proceedings. In this study, I would like to reflect primarily on these questions, based on some ECtHR decisions.

• Implementation of the European Small Claims Procedure in the Member States of the European Union

  41-59

  Anna Nyilas

  Views:

  149

  It has been seven years since the european Small Claims Procedure was introduced as a sui generis european procedure and an alternative to existing national civil procedures. However, it works in close interaction with national laws, as the regulation leaves many aspects of the procedure to national legislation. The article analyzes the legal instruments that serve the implementation of regulation 861/2007/ EC in member states, particularly the issues of mutual recognition and enforcement of ESC judgments, communication between the court and the parties, review and appeal of the judgment, and other specific issues. It concludes that knowledge of national procedural law is often vital to succeed in an ESC procedure in a foreign country. Smooth and efficient functioning of the procedure requires cooperation mechanisms not only among member states, but also among judges, lawyers, and enforcement officers.

• Comparison of Enforcement Systems for the Violation of Fundamental Rights of Detainees Stemming from the Condition of Detention in Penitentiaries and the Right to a Fair and Public Hearing within a Reasonable Time

  90-110

  Zoltán Boda

  Views:

  148

  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.