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Date: April 30, 2024 Tue
Time: 2:16 am
Time: 2:16 am
Results for pretrial detention (hungary)
1 results foundAuthor: Kadar, Andras Title: Presumption of Guilt: Injurious Treatment and the Activity of Defense Counsels in Criminal Proceedings against Pre-trial Detainees Summary: Pre-trial detention, which according to its statutory definition, is the “judicial deprivation of the defendant’s freedom before the delivery of the final and non-appealable sentence” is one of the most problematic institutions of the criminal procedure. In terms of the presumption of innocence, no one may be considered guilty until their guilt is established by a final court sentence. Furthermore, in accordance with the principle of the constitutional penal law, no one may be punished until their guilt is established in a fair procedure. Pretrial detention is not a punishment (a legal sanction imposed for a breach of law), but a so-called coercive measure: an act restricting the defendant’s rights for the sake of the undisturbed and successful accomplishment of the criminal procedure. However, in terms of its effective impact, pre-trial detention does not greatly differ from the most severe form of punishment known in Hungarian penal law, i.e., imprisonment. This is what makes the problems connected with pre-trial detention especially emphatic. From the subjective point of view of the defendant, whose guiltiness has not been established yet and who might be eventually acquitted, there is no significant difference between imprisonment and pre-trial detention. Both mean a deprivation of personal liberty, both are implemented in the same (or similar) institutions and under the same or similar circumstances. What is more, sometimes the circumstances may be less favorable for remand prisoners than for convicted detainees. This makes the issue of pre-trial detention very sensitive. Although the coming into force of the new code of criminal procedure on 1 July 2003 has solved the most burning problems of the field through the reform of the appeal procedure and the limitation of the maximum length of pre-trial detention, the present regulation and practice of this institution is still not fully satisfactory. Details: Helsinki: Humgarian Helsinki Committee, 2004. 176p. Source: Internet Resource: Accessed May 3, 2011 at: http://pdc.ceu.hu/archive/00005303/01/Presumption_of_Guilt.pdf Year: 2004 Country: Hungary URL: http://pdc.ceu.hu/archive/00005303/01/Presumption_of_Guilt.pdf Shelf Number: 121593 Keywords: Criminal ProcedurePretrial Detention (Hungary) |