Comparative Study on the Pre-trial Detention with Reference to the New Hungarian Code on Criminal Procedure

Abstract

Summary The decision of legislating the new Criminal Procedure Code made by the Hungarian Government in 2015 was necessary with special reference to the new forms of criminality and criminal investigation. The conception of the new Code on Criminal Procedure (hereinafter: new Code) was accepted by the Government on 11 February in 2015. The directives of the conception were the followings: efficiency, rapidity, simplicity, up-to-dateness, coherency and expediency. Not only the European but also the international requirements and the Hungarian legal traditions were followed by the legislation. Two years after the mentioned decision the new Code was adopted on 13 June 2017, and it will come into force on 1 July 2018. It shall be underlined that many procedural rules will be modified or changed in the new Code. The aim of this study to highlight some changes and amendments in the field of the coercive actions with special reference to the pre-trial detention. The characteristic of the paper will be the analytical and comparative method, and it deals with not only the Act on Criminal Procedure in force (Act XIX of 1998, hereinafter: Act in force), but also the new Code (Act CX of 2017) as well.