Thoughts on a Special Criminal Procedure
Thoughts on a Special Criminal Procedure

Summary/Abstract: In 2015, Hungary was affected by the irregular migratory flow, which marked a beginning of a new era in the history of the European migration. Mass migration has created a major challenge for the authorities concerning the legal response. In many countries, including in Hungary, the public opinion relating to the irregular migration has forced the legislators to take the necessary measures against it in order to protect the public safety and the public health. In Hungary, among others the criminal law have been focused by the legislator. The first step was the construction of the physical border fence, and as a second stage the Hungarian Parliament adopted the legal framework on protection of the border fence mentioned. In accordance with creating the crimes against the border barrier, a new special procedure has been inserted into the Hungarian Act on Criminal Procedure, which entered into force in 15 September 2015. The rules have been in force with few modifications even nowadays, however in the new Hungarian Criminal Procedure Code (hereinafter: Code). The aim of this scientific paper is to try to answer the following questions: (1) Was the amendment mentioned justifiable and reasonable measure?; (2) Is it necessary to keep it in our legal system also nowadays, or should it be repealed from the Code?

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