Thesis supervisor: Csongor Herke
Location of studies (in Hungarian): Criminal and Civil Procendural Law Department Abbreviation of location of studies: BPET
Description of the research topic:
According to § 2. CPC human dignity shall be respected during criminal procedure and the right to freedom and personal safety shall be ensured. There are four conditions for limitation of fundamental rights:
• only in procedures determined in CPC,
• only due to reasons determined in CPC,
• only in a manner as determined in CPC and
• only in the degree as determined in CPC.
Basic principle as recorded in § 2. and § 271. on general provisions for the application of coercive measures record that one has to strive that the given coercive measure limits the fundamental rights of the involved person only to the most necessary extent and time. Accordingly, a graver coercive measure can only be ordained if the intended aims cannot be ensured with lesser coercive measures or other procedural actions.
The coercive measures can be gruped by the limitation of human rights due to the measure. Regarding the limitation of human rights, there are coercive measures limiting or not limiting personal freedom. § 272. of CPC classifies the coercive measures according to 2 main aspects:
• coercive measures concerning assets and limiting personal freedom according to human rights of the involved person;
• differentiates between coercive measures bound to or not bound to judicial permission.
Coercive measures that can be applied to the detriment of the defendant can only take place following the pronouncement of reasonable suspicion (the defendant legal status only opens up following this). The pronouncement of reasonable suspicion and the questioning as a suspect take place in the final phase of the cleaning up, so, it can be stated, that during cleaning up, those coercive measures can be ordained, that can be ordained to other persons too (not just the defendant). Based on the previous, the most important coercive measures can be grouped as follows:
Number of students who can be accepted: 1
Deadline for application: 2019-06-30
2024. IV. 17. ODT ülés Az ODT következő ülésére 2024. június 14-én, pénteken 10.00 órakor kerül sor a Semmelweis Egyetem Szenátusi termében (Bp. Üllői út 26. I. emelet).
Login
