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Revue internationale de droit pénal
érès

I.S.B.N.2-7492-0384-8
660 pages

p. 379 à 399
doi: 10.3917/ridp.751.0379

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Rapports nationaux

Vol. 75 2004/1-2

Discipline > Revue > Sommaire > Résumé

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Hungary criminal responsibility of minors in national and international legal order

Dr Kristina KARSAY

Plan de l'article

• List of Relating Hungarian Acts

• Definitions in the Hungarian legal system

• I - Justification of the Principle

— I. 1. Is the principle announced in an explicit manner by a legal text ? When necessary, has the jurisprudence helped to complete the legislative dispositions or filled the silence of the law ?

— I. 2. Is the principle based on classical legal reasoning (imputability/guilt) or is it based more on a criminological concept of « criminal capacity »?

— I. 3. Are there existing doctrinal or legislative tendencies which, if necessary, aim at giving the responsibility of minors a specific justification ?

— I. 4. Does a specific concept of « juvenile crime » exist which is independent of the principle of criminal responsibility; and, if so, for what types of acts ?

— I. 5. Does a tendency exist to exclude minors from benefiting from the juvenile justice system for the sake of treating them as adults for certain crimes that are particularly serious (for example : acts of terrorism, rape…)?

— I. 6. Do dispositions (civil or criminal) exist which favour the responsibility of parents for the delinquent behaviour of their children who are not of age based on the notion of objective responsibility ?

• II - The Question of Different Categories of Age

— II. 1. What is the age of criminal majority ? Has this age been recently modified ? Are there existing tendencies to increase or lower this age ? For what reasons ?

— II. 2. Is there a minimum level under which the minor can not be punished or receive educational measures for the crime he/she has committed ? If so, does this level consist of a chronological age or can it vary according to the subject ? In this latter case, what is the criterion (legal, psychological…) which determines this level ?

— II. 3. Do there exist specific categories that benefit from a particular regime ? What measures are possible in the case of an child committing a crime ?

— II. 4. Are there specific dispositions that apply to the category « young adults »? If so, up to what age can a subject be considered a part of this special regime ?

• III - Judicial Establishment of Criminal Responsibility of Minors

• III. Introduction

— III. 1. Are there special jurisdictions competent to judge minors who commit crime ? When these jurisdictions exist, to what extent do they use juries or have members of other professions sit with the professional judges ? Specify the composition of these jurisdictions.

— III. 2. How is the responsibility/irresponsibility of the minor established judicially ? Does the jury or do the non professional judges take part in pronouncing the minor guilty or not guilty ?

— III. 3. Does the court have recourse to prior investigations, obligatory or optional (expertise, medico-psychological examination, personality study), before ruling on the question of the responsibility of the minor ?

— III. 4. Are there two distinct stages, one deciding the question of the minor’s guilt (conviction stage) and the other pronouncing the sanction (sentencing stage)?

— III. 5.1. Briefly describe the role of the victim when the crime is committed by a minor.

— III. 5.2. Can the victim initiate the action ?

— III. 5.3. Is the victim allowed to ask for reparation before the jurisdiction that judges the minor’s responsibility ? Can the victim obtain reparation even if the minor is considered irresponsible ? Before what court (civil or criminal)? Finally, do alternative procedures (of the mediation-reparation type) exist ?

• IV - Sanctions and Measures Applicable

• IV. Introduction

— 1. Educative measures without deprivation of liberty

— 2. Penalties without deprivation of liberty

— 3. Measures involving deprivation of liberty

— 4. Penalty involving deprivation of liberty

— IV. 1. What measures can be applied to minors before judgement (provisional detention, judicial supervision, constraining measures and/or educative measures)?

— IV. 2. If the minor is judged responsible, does the court have a choice between pronouncing a punishment or an educational measure, or does it have no choice ?

— IV. 3. What is the general tendency concerning specific measures applicable to minors ?

— IV. 4. Do legal criteria for determining the sanction exist ?

— IV. 5. Does the court possess the means to moderate the punishment or to allow for a more flexible execution of the sanction ?

— IV. 6. Does the execution of the sanction have any particular supervision and according to which modalities ?

— IV. 7. Does a tendency exist which favors the decriminalisation of juvenile justice ? Is this tendency based on the dissociation of the responsibility and the sanction ?

— IV. 8. Can capital punishment be pronounced in the case of a juvenile, and if so at what age ?

— IV. 9. Does the punishment of life imprisonment or for an indeterminate time exist ?

• V - International Aspects

— V. 1. What are, briefly enumerated, the relevant dispositions in international law, having an incidence on the determination of the criminal responsibility of minors ?

— V. 2. What authority do these dispositions have vis-à-vis national sources ?

— V. 3. Do they have a real influence in positive law ?

— V. 4. Do particular dispositions exist concerning the criminal responsibility of foreign minors ? How, for example, can one determine the age of a minor in the absence of official documents that attest the alleged age ?

— V. 5. Do special dispositions concerning police, judicial and penitentiary co-operation exist that apply to minors who are in a criminal procedure ?

•

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