The execution of the detention in the light of the new Criminal Procedure Code

Abstract

Besides the conditions of the detention, the question of enforcement is another important factor. While from the aspect of conditions Hungarian legal regulations mostly correspond to the international standard, this is not the case at all concerning the enforcement of the detention. The main rule that uniform principles have to prevail during the execution of the detention is not kept at all in practice. Different provisions refer to the inmates of prisons, police detention centers, military prisons and houses of correction. Not only this relevant difference is the problem but the lack of clarity concerning the details, the institutions stigmatizing the arrested detainees under the presumption of innocence and treating the detainee as guilty suggest the need for an individual law regulating the execution of the detention. As it greatly contradicts the institution of the detention that the positions represented in the special literature are unanimous concerning the fact that the arrested person lives among worse conditions than the convict serving non-appealable prison sentence.