Evaluation and assessment of the constitutionality of penitentiary decisions, in the light of the introduction of the penitentiary credit system
Aim: Criteria for the evaluation by the Constitutional Court of decisions on the execution of sentences. Methodology: Descriptive, documentary and content analysis. Findings: According to the Section 27 (1) of the Act on the Constitutional Court, the decision on the merits, i.e. the decision...
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| Format: | Article |
| Language: | English |
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Ministry of Interior of Hungary
2024-10-01
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| Series: | Belügyi Szemle |
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| Online Access: | https://belugyiszemlejournal.org/index.php/belugyiszemle/article/view/1750 |
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| author | Ágnes Czine |
| author_facet | Ágnes Czine |
| author_sort | Ágnes Czine |
| collection | DOAJ |
| description |
Aim: Criteria for the evaluation by the Constitutional Court of decisions on the execution of sentences.
Methodology: Descriptive, documentary and content analysis.
Findings: According to the Section 27 (1) of the Act on the Constitutional Court, the decision on the merits, i.e. the decision on the substance of the charge and the decision on criminal responsibility, or the decision on the guilt and the acquittal, can be the subject of a constitutional complaint. The final decisions – the order not to proceed to trial and the order terminating the proceedings – cannot be considered as decisions on the merits within the meaning of the Constitutional Court Act. However, these decisions can be examined in the context of a constitutional complaint, because they correspond to the Section 27 (1) of the Constitutional Court Act, the other decision ending the court proceedings.
Value: So far, no academic article has been published that analyses which decisions of the penitentiary judges can be challenged by a constitutional complaint following the latest amendments to Act CCXL of 2013 (Act XCVII of 2023).
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| format | Article |
| id | doaj-art-6a4b75c249b44335aea25d61a4dfa67d |
| institution | Kabale University |
| issn | 2062-9494 2677-1632 |
| language | English |
| publishDate | 2024-10-01 |
| publisher | Ministry of Interior of Hungary |
| record_format | Article |
| series | Belügyi Szemle |
| spelling | doaj-art-6a4b75c249b44335aea25d61a4dfa67d2025-01-29T14:33:11ZengMinistry of Interior of HungaryBelügyi Szemle2062-94942677-16322024-10-01721010.38146/bsz-ajia.2024.v72.i10.pp1927-1946Evaluation and assessment of the constitutionality of penitentiary decisions, in the light of the introduction of the penitentiary credit systemÁgnes Czine0https://orcid.org/0000-0001-5155-0377Károli Gáspár University of the Reformed Church in Hungary Aim: Criteria for the evaluation by the Constitutional Court of decisions on the execution of sentences. Methodology: Descriptive, documentary and content analysis. Findings: According to the Section 27 (1) of the Act on the Constitutional Court, the decision on the merits, i.e. the decision on the substance of the charge and the decision on criminal responsibility, or the decision on the guilt and the acquittal, can be the subject of a constitutional complaint. The final decisions – the order not to proceed to trial and the order terminating the proceedings – cannot be considered as decisions on the merits within the meaning of the Constitutional Court Act. However, these decisions can be examined in the context of a constitutional complaint, because they correspond to the Section 27 (1) of the Constitutional Court Act, the other decision ending the court proceedings. Value: So far, no academic article has been published that analyses which decisions of the penitentiary judges can be challenged by a constitutional complaint following the latest amendments to Act CCXL of 2013 (Act XCVII of 2023). https://belugyiszemlejournal.org/index.php/belugyiszemle/article/view/1750prison decisions, credit system, constitutional complaint, constitutional court test |
| spellingShingle | Ágnes Czine Evaluation and assessment of the constitutionality of penitentiary decisions, in the light of the introduction of the penitentiary credit system Belügyi Szemle prison decisions, credit system, constitutional complaint, constitutional court test |
| title | Evaluation and assessment of the constitutionality of penitentiary decisions, in the light of the introduction of the penitentiary credit system |
| title_full | Evaluation and assessment of the constitutionality of penitentiary decisions, in the light of the introduction of the penitentiary credit system |
| title_fullStr | Evaluation and assessment of the constitutionality of penitentiary decisions, in the light of the introduction of the penitentiary credit system |
| title_full_unstemmed | Evaluation and assessment of the constitutionality of penitentiary decisions, in the light of the introduction of the penitentiary credit system |
| title_short | Evaluation and assessment of the constitutionality of penitentiary decisions, in the light of the introduction of the penitentiary credit system |
| title_sort | evaluation and assessment of the constitutionality of penitentiary decisions in the light of the introduction of the penitentiary credit system |
| topic | prison decisions, credit system, constitutional complaint, constitutional court test |
| url | https://belugyiszemlejournal.org/index.php/belugyiszemle/article/view/1750 |
| work_keys_str_mv | AT agnesczine evaluationandassessmentoftheconstitutionalityofpenitentiarydecisionsinthelightoftheintroductionofthepenitentiarycreditsystem |