Thesis topic proposal
Csongor Herke


Institute: University of Pécs
Doctoral School of Law

Thesis supervisor: Csongor Herke
Location of studies (in Hungarian): Department of Criminal and Civil Procedure Law
Abbreviation of location of studies: BPEJ

Description of the research topic:

In the second decade of the 21st century, both criminal and civil procedural law have been re-codified. This re-codification also requires theoretical research at both the criminal and civil justice institutions.
The Act XC of 2017 on criminal proceedings (Criminal Procedure Code, hereinafter referred to as: CPC) has significantly altered criminal procedure in its structure and its content. The Act XIX of 1998 (hereinafter referred to as: old CPC) followed the earlier (socialist) criminal procedure laws (in contrast with basic concept), the traditional investigation - (intermediate procedure) – governed the criminal procedure within a judicial procedure system. Effective laws however allow for a lot more leeway for criminal procedures based on agreement, respectively confession by the defendant (acceptance of the facts) enable a number of simplifications. Through this, the progression of the criminal procedure (possible outcome) is a lot more complicated and diversified as in the earlier linear procedure.
Similarly, it resulted in significant changes in civil procedure law in the Act CXXX of 2016 (Code on Civil Procedure, hereinafter referred to as: CCP). The former (socialist) CCP (from 1952) was unable to deal with the complicated litigation of highly differentiated and highly codified private law. The reason for this is that in the meantime the Civil Code has also been re-codified (see the Act V. of 2013 from the Civil Proceedings Book, hereinafter referred to as the Civil Code, CC).
Thus, both criminal and civil procedural law require the development of an up-to-date code of conduct that complies with international practice and expectations, ensuring effective enforcement of substantive rights, and which, in the light of the results of jurisprudence and jurisprudence, regulates in a transparent, coherent and technical manner.
In addition to the challenges arising from the new codes of procedures, the PhD theme pays special attention to international trends and foreign solutions.

Number of students who can be accepted: 10

Deadline for application: 2020-06-19