Hungarian Yearbook of International Law and European Law |
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Article | The Rights of the Victim in Hungarian Criminal Proceedings |
Keywords | rights of victims, code of criminal procedure in Hungary, victims in criminal procedure, Directive 2012/29/EU, rights of vulnerable persons |
Authors | Anna Kiss |
DOI | 10.5553/HYIEL/266627012019007001028 |
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Anna Kiss, 'The Rights of the Victim in Hungarian Criminal Proceedings', (2019) Hungarian Yearbook of International Law and European Law 507-522
In the course of the development of criminal law victims lost their former leading role in the procedure and were pushed to the periphery of justice. Legal experts have come to realize that this tendency is tremendously unfair to the victim. European documents on the legal position of the victims increasingly called the attention of the legislature to the need of bringing about changes. In Hungary, the relevant new law was passed in June 2017. The Code came into effect in July 2018 and confirmed the victim’s procedural position. Since July, there are three groups of victims’ rights in Hungarian Criminal Proceedings: provision of information and support; participation in criminal proceedings; protection of victims and recognition of victims in need of special protection. In addition to describing the rights, the study also draws attention to the fact in light of the principle that all rights are worth upholding it is not enough to regulate the rights of victims. The study also warns that although the rights of victims are important, we should not forget the guarantees concerning suspects’ rights, which must also be ensured. |