Scholarly record

FIGHT BY LEGAL MEANS AGAINST THE ILLEGAL MIGRATION IN THE DRAFT OF THE NEW HUNGARIAN ACT ON CRIMINAL PROCEDURE

R. Bartko

Abstract

The Hungarian Act on Criminal Procedure in force (hereinafter: Act) was modified by the Hungarian Legislator in 15th of September, 2015. The reason of this modification was that the illegal crossing of border and the related acts were declared as criminal offences by the legislator at the same time in the Hungarian Criminal Code. These criminal offences are: illegal crossing the closing of border, damaging the closing of border and hindering the building of closing of border. The aim of the Hungarian Government to stop illegal migration, and to protect the security of the Hungarian State and citizens was very acceptable. For the reason of the special character of these criminal offences, special procedural rules are inserted by the legislator into the Chapter titled „Special Criminal Proceedings” of the Act. It shall be emphasized, that the illegal migration will be an enormous challenge of security in Europe in the future. For the mentioned reason, this special criminal procedure will be regulated in the Draft of the New Hungarian Act on Criminal Procedure as well. The decision of legislating the new Act on Criminal Procedure was made by the Hungarian Government in 2015. The decision was necessary regarding to the new forms of criminality and criminal investigation. The conception of the Draft was accepted by the Government at 11th of February in 2015. The directives of this conception were the followings: efficiency, rapidity, simplicity, up-to-dateness, coherency and expediency. The aim of this study is presenting of the new regulations with special reference to the problematical rules and anomalies regarding to the special criminal procedure on crimes against closing of border. The characteristic of the paper will be the analytical method with the aim of creating de lege ferenda proposals.

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