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• 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.

• A Cutting-Edge” Criminal Procedure? : Some Reflections on the Modernization of Hungarian Criminal Procedure Law

  11-36.

  Mátyás Bencze

  Views:

  301

  The study analyses the new Hungarian Criminal Procedure Act that entered into force in the summer of 2018. One aspect of the analysis is whether certain institutions of the law fulfil the constitutional requirements of criminal procedure. The other aspect is a sociological one. The past decades have brought many new developments in the field of society, economy and technology. The study, therefore, also revolves around the question of whether the new Criminal Procedure Act provides an adequate response to these challenges. The main finding of the study is that the legislation made the first steps in the right direction, however it did not introduce all the changes that would be necessary for a fair and modern criminal procedure. Besides, the act reflects predominantly the interests of the authorities while the rights and interests of other participants of the criminal procedure are not taken into consideration with the same weight

• The Effect of the Jurisprudence of the ECHR on the Hungarian Criminal Procedure Act

  128-150

  Krisztián Szabó

  Views:

  308

  The case law of the European Court of Human Rights and the European Convention on Human rights set the minimum level for the protection of fundamental rights that has to be guaranteed by all contracting parties, although national laws can establish higher standards. Point II of the general explanations of Bill No. T/13972 on the new Act on Criminal Procedure states that “meeting the requirements of the Fundamental Law of Hungary and the obligations of international law and EU law obviously mean a safeguarding minimum.” In Hungary the case law of the ECHR is reflected more and more both in the judgements of Hungarian courts and in the guidelines of higher courts but the difficulties of establishing interpretations in harmony with ECHR case law are common. The paper analyses the judgments of the ECHR in Hungarian cases between 2013 and 2016 related to pretrial detention, effective defence and the circumstances of restraint.

• The Criminal Provisions of the DDoS Attacks in the United States, Eu- rope and Hungary

  66-83

  Kitti Mezei

  Views:

  356

  The Internet offers an opportunity to launch y wide range of cyberattacks such as Distributed Denial of Service (DDoS) attack, which exploits the vulnerabilities of the system network without access. DDoS attacks continue to grow in intensity and complexity. Due to the Crime-as-a-Service business model and online criminal markets DDoS attacks have become accessible to anyone willing to pay for such services. It can be launched easily, although it may cause serious social and economic damage. The aim of this paper to present the criminal provisions of the DDoS attack in the United States, Europe and Hungary.

• 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.

• Personal and Organizational Framework for the Activities of the Defence Counsel in Hungary

  79-88

  Viktor Bérces

  Views:

  119

  In the Hungarian system of criminal procedure, several participants of the proceeding may provide activities aiming at the defence of the defendant (e.g. the prosecutor or even the defendant himself). My dissertation, however, shall focus on the activities of the defender based on delegation or recorded Power of Attorneys given, in consideration of the fact that almost without exception this personal group act as advocates in criminal procedures, furthermore, solely lawyers have the expertise necessary for the defence, and the “equality of arms” principle may only succeed completely through them.

• Less is Sometimes More? The Guaranteeing Role of the Scope of the Second Instance Review in the first Hungarian Code of Criminal Procedure (Act XXXIII of 1896)

  Bálint Csaba Kelemen

  Views:

  28

  At the time of the codification of first Hungarian Code of Criminal Procedure, the legal literature regarded the limited scope of second-instance revision as a limitation of appeal in favour of the defendant, and placed it in this sense inside the procedural doctrinal system. This idea, which is quite alien to contemporary procedural thinking, which focuses on speeding up and facilitating proceedings, raises the question: what are the principles on which the limited scope of review is considered as a guarantee for the defendant? In order to answer this question, my aim in the present study is to explore the system of principles that shaped the turn-of-the-century jurisprudence concerning the legal power of the second instance to grant review.

• The Interpretation of Tax Law in the Precedents of the United States of America

  Zsolt Pfeffer

  Views:

  248

  The proper interpretation of the legal provisions in the field of tax law has high importance because it determines the opportunities of the taxpayers.  Taxpayers normally wish to pay as little tax as possible, in contrast, the tax authorities try to collect as much tax as, according to them, is still lawful. If a taxpayer makes an error in his legal interpretation, he has to face the legal consequences, that is why it is necessary to know the case law. In the English law and in the law of the United States, two fundamental approaches of the interpretation of tax law have emerged: according to the strict approach, the judicature has to scrutinize only the meaning of the words of the act and that is what determines the question of the tax burden. On the other hand, the other approach means that the purpose of the questionable transaction or the intention of the legislator shall be taken into consideration as well, but only in that case in which the application of the words would lead to an unreasonable result. This paper analyzes the relevant precedents of the United States, mentioning many examples and scrutinizes the theoretical bases and the application of the two approaches mentioned.