Scholarly record

THE RIGHT ON USE OF NATIVE LANGUAGE IN THE NEW HUNGARIAN ACT ON CRIMINAL PROCEDURE

R. Bartko

Abstract

In 2015, when Hungary was in the centre of the migratory flow, a new special criminal procedure has been inserted into the Hungarian Act on Criminal Procedure (Act XIX of 1998) referring to the – so-called - crimes against the closing of border. Considering that: (a) the irregular migration did not decrease in the past years, and (b) the main directives of the codification on the new procedural code were the rapidity and the efficiency, the special procedural regulations on crimes against the closing of border had been left by the legislator in the new Code (Act XC of 2017) will come into force on 1 July 2018. According to the Hungarian criminal statistic the perpetrators of the mentioned crimes were irregular migrants, therefore it is very necessary to ensure the right on use of native language for the defendants in the future as well. Hovewer – after the reviewing of the new regulations - many anomalies can be found in relation to the mentioned fundamental principle. The aim of this paper to present these anomalies concern the principle of the right on use of native language using the analytical method and making de lege ferenda proposal. It shall be underlined that the topic of our analysis will be only the regulations of the above-mentioned special criminal procedure.

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