Über Die Bekämpfung Der Lüge Bzw. Der Mangelnden Fairness Durch Strafrecht
On Combating the Lie or the Lack of Fairness of Criminal Law

Summary/Abstract: In our societies, the rules of social life are kept by everyone, it is a duty of the citizen, but at the same time it is guaranteed by the state. Criminal law contains the rules, the retention of which must also be enforced by the state - that is, milestones that distinguish prohibited behaviour from permitted behaviour. In this study, I examine which pattern of lies is relevant to criminal law, while generally stating that lying is not a sin in itself (not a crime). However, the lie - as false communication - is valid in several specific dogmatic structures of criminal law. Falsehood communication can gain importance if it affects another person's will-formation. I show the difference between a lie with restricting effects and establishing effects regarding criminal responsibility and analyse the provisions of the Hungarian Criminal Code according to the system I set up. As levels of this classification, the following patterns have been identified in the HCC: mere lies; obscuring the truth, pretending or camouflage; creating an impression of a situation that is not real; the disclosure of misleading information; use or manufacture of deliberately false, counterfeit or untrue objects (as illegal goods) and the deception (in case of fraud) itself. The classification makes it possible to clearly understand the factual circumstances of crimes committed, on the basis of "levels of lies", and thus the necessary level of proof can be more precisely identified for law enforcement and criminal justice. The study will allow for further research, particularly in the field of comparative criminal law, as it promises valuable results in comparing the criminal law of another country with a similar methodology under the recommended scheme.

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