Herke, Csongor

Hungarian

Many questions may arise concerning the legal remedies which are enforceable in a criminal case. In this paper we examined the Hungarian and German legal rules provided for three of these main questions. It can be said in connection with the system of courts that in both countries it is determined mostly by the court of lower level which acted formerly. However, the system of appellate courts in Hungary is much tied; therefore it can be determined explicitly. In Germany from one hand different courts can be acting depending on the nature of the criminal case, from the other hand even the appellant has the opportunity to elude certain authorities. The rules concerning prohibition of reformatio in peius are in a reversed situation. While in Hungary the prohibition is diversified by complicated rules which have many exceptions, in Germany, if no appeal was lodged to the detriment of the defendant, the court cannot pass a disadvantageous decision, as a result of the legal remedy. Regarding the partial legal force, it must be distinctly understood that in Hungary, in a criminal case against one defendant, the complete revision prevails almost without restraint (rare exceptions in practise are the material accumulation and when the appeal was filed only against additional questions), and the partial legal force, in most of the cases conducted against several defendants, becomes effective regarding the defendant not concerned by the appeal. Considering this, in Germany the appellant may contest the judgment in part, by so doing the appellate court s kept within bounds when making a decision. In our paper we did not try to introduce every aspects of the systems of legal remedies, however, the different regulations of the two legal systems may provide many useful conclusions, some of them are perhaps worthy of consideration by the legislator de lege ferenda

Herke Csongor

University of Szeged

A perorvoslati rendszer fő kérdései a magyar és a német büntető eljárásjogban

http://acta.bibl.u-szeged.hu/29262/1/juridpol_074_207-220.pdf

A perorvoslati rendszer fő kérédsei a magyar és a német büntető eljárásjogban

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University of Szeged