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

R. Bartko

First published: 2018https://doi.org/10.5593/sgemsocial2018H/11/S02.049View metrics

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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Publication details

Title
THE RIGHT ON USE OF NATIVE LANGUAGE IN THE NEW HUNGARIAN ACT ON CRIMINAL PROCEDURE
Authors
R. Bartko
Proceedings
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publisher
STEF92 Technology
Year
2018
Pages
381-386
SWS Citekey
Bartko20182381386
ISSN
2367-5659
ISBN
978-619-7408-30-0
Language
en
Publication type
Proceedings Paper
Proceedings contents
Open official contents
Keywords
References11
  1. Balázs, R. et. al.: The emergence of the juvenile’s procedural rights in the European Union in criminal matters. Ügyészek Lapja vol. XXIV. issue 3-4., pp. 106-107, 2017.

  2. Directive 2010/64/EU of the European Parliament and of the Council on the right the interpretation and translation in criminal proceedings. OJ C69, 18.3.2010.

  3. European Union Terrorism Situation and Trend Report pp. 10-11, 2016.

  4. Guild, E. et. al.: Irregular Migration, Trafficking and Smuggling of Human Beeings: Policy Dilemmas in the EU. CEPS Paperback, pp. 24-25, 2016.

  5. Hautzinger, Z.: Stranger in the criminal law. AndAnn Kft, Pécs, p. 113, 2016.

  6. Koser, K.: Irregular migration, state security and human security. GCIM., pp. 10- 11, 2005.

  7. Triandafyllidou, A.& Maroukis, T.: Migrant smuggling: Irregular migration from Asia and Africa to Europe. Springer, pp. 1-10, 2012.

  8. Miskolczi, B.: The Directives of the Codification on the New Criminal Procedure. Printart-Press Kft, p. 30, 2015.

  9. Morehouse, Christal & Blomfield Michael: Irregular migration in Europe. Migration Policy Institute, Washington, DC., pp. 8-9, 2011.

  10. 2001/C12/02 Programme of measures to implement in the principle of mutual recognition of decisions in criminal matters. OJ C12, 15.1.2001.

  11. Website of the Hungarian Police, http://www.police.hu/hu/a-rendorsegrol/statisztikak/bunugyi-statisztikak (date of the download: 22 January 2018)

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