NORDSCI Conference proceedings 2018, Book 2

Law

EROSION ON THE PROCEDURAL RIGHTS OF THE DEFENDANT IN THE FIGHT AGAINST THE IRREGULAR MIGRATION

Assoc. Prof. Dr. Robert Bartko

ABSTRACT

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.

KEYWORDS

Hungarian Code on Criminal Procedure, Hungarian Act XC of 2017, defendant, criminal procedural rights, irregular migration, Directive 2010/64/EU, special criminal procedure, crimes against the closing of border.

REFERENCE

NORDSCI Conference Proceedings 2018, Conference Proceedings, ISSN 2603-4107, ISBN 978-619-7495-01-0, EROSION ON THE PROCEDURAL RIGHTS OF THE DEFENDANT IN THE FIGHT AGAINST THE IRREGULAR MIGRATION, 299-307 pp, DOI paper 10.32008/nordsci2018/B2/V1/43