International migration has intensified during the last two decades. The number of irregular migrants entered the Europen Union reached unprecedented levels between 2015 and 2017. It shall be emphasized that irregular migration as a phenomenon is defined by the Member States in different ways in the EU. In 2015, when Hungary was in the centre of the migratory flow, a decision on stopping the irregular migration was adopted by the Hungarian Government. In connection with this political standpoint, the legal and technical conditions were created by the legislator as well. The legal response concerned not only the criminal law, but also the criminal procedural law. In our paper, we would like to deal with only the criminal procedural focus seeing that the special criminal procedure on crimes against the closing of the border has been inserted into the new Hungarian Code on Criminal Procedure (Act XC of 2017). Although this special criminal procedure was known by the Hungarian Act on Criminal Procedure (Act XIX of 1998) as well, the new legal solutions with special reference to the rights of the defendant can be criticized. The aim of this paper is to present these new regulations concern the fundamental procedural rights of the defendant with the analytical method, and to make de lege ferenda proposal. The topic of our analysis concerns only the Act XC of 2017 will come into force on 1 July 2018 and the mentioned special criminal procedure.