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• Critical Remarks on the Acquittal of Vojislav Šešelj with regard to Instigation, Aiding and Abetting

  97-109

  Eszter Kirs

  Views:

  148

  Vojislav Šešelj was acquitted by the International Criminal Tribunal for the former Yugoslavia on 31 March 2016. The Trial Chamber of the ICTY assessed evidence on the recruitment of volunteers (who later became perpetrators of international crimes), the defendant’s extremist, nationalistic and public hate speeches, and drew the conclusion that he is not responsible for war crimes or crimes against humanity. The present paper discusses gaps and mistakes appearing in the judgement from the point of view of two criminal liability concepts: instigation and aiding and abetting. After briefly summarizing the standards applied by the ICTY, the author presents a reassessment of the facts referring also to the major arguments of Judge Flavia Lattanzi (dissenting).

• The Importance of the Offender's Personality in the Infliction Process, Particularly as Regards the Criminal Records

  91-108

  Ágnes Pápai-Tarr

  Views:

  281

  During the infliction process, the judiciary needs to take into account the accused person’s personal circumstances, a process which also consists of the thorough exploration of the criminal records of the accused. It has to be considered whether the accused has committed any crime, and has been sentenced before, and if they have been, how many times, when, for what crime, and, last but not least, what the sentence was. These factors may greatly influence the inflicted punishment as a clean record is usually considered by the judiciary as a mitigating circumstance, while recidivists, offenders who pose an increased risk to society, are more seriously penalised. The penal literature of the last few decades lacks thorough studies on the previous criminal records of offenders. In my study paper and research, I attempt to make up for this shortage by examining the criminal records of the offender as a criterion of the infliction process. My aim is to present the actual judicial practise beyond the effective legislative environment and call attention to certain anomalies.

• The International Legal Framework of Maritime Piracy

  161-177

  Imre Ágoston Pászka

  Views:

  287

  Although maritime piracy is the oldest crime committed at sea, it is still present to this day and counts as a threat: it not only endangers human lives but also causes damage to international trade. Firm actions must be taken against this international crime and those international agreements which define the definition and the elements of conduct of maritime piracy and also contain procedural provisions to suppress it count as vital elements of these actions. Currently there are two agreements which contain anti-piracy regulations and they regulate several matters appropriately but they also have many shortcomings. In this article I examine the anti-piracy regulations of these agreements.

• The Relationship between Power and Crime (Criminological approach)

  112-125

  Ferenc Irk

  Views:

  142

  During the presentation of the relationship between power and crime the criminologist-author attempts to define power-crime, including crimes committed by the state. Based on international literature, it deals with special features of the power/ state deviances and the characteristics of victims of power crimes.

• Punishable Children

  97-111

  Anikó Pallagi

  Views:

  221

  In Hungary from the 1990s in line with the international tendencies a number of studies were published in the literature urging the reform of the criminal law dealing with juvenile crime. Simultaneously one can establish that among others due to the increasing criminal rate the reasoning for the reduction of the lower age limit of punishability to the age of 12 has started. During the codification process a number of arguments were given for and against the alteration of the age limit of punishability. However setting the lower age limit of punishability below fourteen can be found in the criminal law regulations of Hungary and also of other European countries. This paper examines the antecedents, reasons and possible amendments of the regulation of the new Criminal Code on the age of punishability.

• Old and new challenges: poverty, migration, criminality

  96-107

  Andrea Domokos

  Alexandra Bognár

  Views:

  220

  Intensive economic, social and political changes cause local and global effects, which means that both universal (including the un, european union and other Igo’s) and national responses are necessary and shall be harmonized. Individual responses, without taking into consideration the other universal and national actor’s steps can cause more problems than they solve. According to the official un statistics, people who are forced to leave their country of origin, flow mostly from the region of Afghanistan, Syria and Iraq to the EU Member States. This means that their legal, cultural and religious background are different from the EU standards, which can be considered as sources of additional social (and sometimes criminal) problems. It is clear that all the states have right to take legal steps against crimes committed by these people (independently from the question whether their presence in the territory of the country is lawful or not), enforcing all the international and national standards of fair trials and humanity during the procedures started against them. The topic is extremely hot nowadays in Hungary and in the European Union.

• About the necessity of a new criminal act: or notes on the criminal offense of agreement in restraint of competition in public procurement and concession procedures

  99-121

  Zsolt Tibor Szabó

  Views:

  455

  The criminal act included in Subsection 1 Section 420 of Act C of 2012 on the Criminal Code (hereinafter referred to as Criminal Code) is the only one in the entire Criminal Code where the disposition includes the public procurement procedure as an element of the criminal act. In spite of this, further punishable criminal acts may be associated with the public procurement procedure which are inevitably committed or  completed in terms of the legal stadia of the crime, provided that any criminal relationship is established between the parties when public funds are allocated during the course of a tendering procedure.

  The non-exhaustive examples of the – examined – conduct subject to proceedings show that the basis of an unfair public procurement procedure is the committing of any of the corruption criminal offenses, and then, after the public procurement procedure had been concluded, the felony of agreement in restraint of competition will constitute the criminal act without prejudice to the ne bis in idem principle, i.e. the criminal act specified in Subsection (1) Section 420 of the Criminal Code is not the definition of public procurement corruption. In order to verify this, I will outline what I personally understand as public procurement corruption.

  The primary aim of the study is to support the argument that the delict referred to above is unable to fulfil the intention of the legislator, namely decreasing public procurement corruption. As a secondary focus,  the reasons behind the necessity of a new criminal act are referred to.

• The Concept of the Responsibility to Protect, Is There Anything New under the Sun?

  67-78

  Anikó Szalai

  Views:

  225

  The concept of the responsibility to protect has emerged in the practice of the United Nations in the past years, inducing much criticism in the literature. The aim of the author was to present the concept in Hungarian and to analyze it from international legal point of view. According to the author the concept is just a paraphrased principle, responsibility has already existed under the relevant norms of international law. Nevertheless, the content of the obligation and responsibility is not fully clear, especially with respect to the exact meaning of prevention.

• Challenges and Future Developments of Criminalistics

  42-61

  Csaba Fenyvesi

  Views:

  169

  This study analysis the futuring theoretical and practical development possibilities of criminalistics – as universal factscience. It tries to sign the further tendencies of forensic sciences in the XXI. century as well. The author composes scientific fields where can be and need to real, intentional strengthening of recent criminalistical methods and writes about his future guessing, suggestions and challanges of criminalistics.