Features of substitute private accusation in Hungarian Criminal Procedure
Features of substitute private accusation in Hungarian Criminal Procedure
Author(s): Ervin BelovicsSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: criminal procedure; prosecution; substitute private accuser
Summary/Abstract: According to the data of the past short term, it can be stated that the victims enforced their rights on acting as a substitute private prosecutor only in a few cases. Some authors deem the reason for this is that the “ruling of the institution of substitute private accuser cannot be found in one certain place in the C.P.C.” but the rights of substitute private accuser are ruled in connection with different stages of the procedure and it is measurably criticizable. Other point of view is that “the rules on the acting of substitute private accuser followed by the rules on starting procedure one of the least successful part” of the C.P.C. In my point of view the ruling cannot be exceptionable, it has definitely expanded victim’s rights, his possibility to enforce his criminal claims. According to my judgment the “idleness” of the victims derives from the novelty of this institution rather than from the erroneous ruling.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2012
- Issue No: 1
- Page Range: 17-25
- Page Count: 8
- Language: English