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• Some theoretical and Practical Issues of Sentencing

  11-25

  Ágnes Pápai-Tarr

  Views:

  239

  Sentencing is connected to the trial stage of the criminal procedure; more precisely, it takes place at its end. Judges fulfil only a part, and not even the hardest one, of their duty by establishing criminal liability as a result of the evidentiary procedure. Sentencing is a rather complex and complicated process. Judges face a lot of expectations: they often have to reconcile contradictory expectations with each other in order to impose a satisfactory sentence for the parties. The process of sentencing has received intense criticism. Sometimes judges are accused of imposing unduly lenient sentences or criticized for too severe punishments.

  Another problem is presented by the fact that different sentences are passed for crimes of the same sort at different courts in the country. Sentencing thus raises many theoretical questions that I seek to answer in the study.

• A Remark in Connection with Punishable Children: A Pro Futuro 2014/1. számához

  140-143

  László Sipos

  Views:

  107

  In the most recent issue of journal Pro Futuro a work was released about the criminal liability of minors, written by Anikó Pallagi. Several references are made by the author to my study, written about juvenile delinquency in Hungary eight years ago and published in the journal of Prosecutors (in Hungarian: Ügyészek Lapja). Unfortunately, she did it inaccurately as my statements and conclusions were misunderstood by her. The quoted statements are from the chapter, dealing with the problems of juvenile delinquency investigations and as a consequence they can be evaluated explicitly in the sphere of complex problems of investigations. the penalisation-depenalisation processes – beside the significant demographic changes – should not be disregarded when determining possible tendencies. I do emphasise that the change in the threshold values is just one of the possible means of penalisation. The statistical data series are to be analysed critically, the phenomenon of latency has to be considered as well.

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

  97-109

  Eszter Kirs

  Views:

  119

  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).