NCJ Number
61887
Date Published
1978
Length
260 pages
Annotation
THE HUNGARIAN LEGAL SYSTEM IS HISTORICALLY AND COMPARATIVELY ANALYZED, AND LEGAL DEVELOPMENTS IN OTHER EUROPEAN SOCIALIST COUNTRIES ARE EXAMINED.
Abstract
THIS SCHOLARLY BOOK COMPREHENSIVELY DISCUSSES ADMINISTRATION OF CRIMINAL JUSTICE IN THE HUNGARIAN PEOPLE'S REPUBLIC (HUNGARY) AND OTHER EUROPEAN SOCIALIST COUNTRIES. THE SIMILARITIES AND DIFFERENCES AMONG LEGAL SYSTEMS IN HUNGARY, THE SOVIET UNION, THE PEOPLE'S REPUBLIC OF BULGARIA, THE SOCIALIST REPUBLIC OF CZECHOSLOVAKIA, THE GERMAN DEMOCRATIC REPUBLIC, THE PEOPLE'S REPUBLIC OF POLAND, AND THE ROMANIAN SOCIALIST REPUBLIC ARE ANALYZED. THESE LEGAL SYSTEMS PASSED THROUGH TWO STAGES OF DEVELOPMENT, UNIFICATION, AND DIFFERENTIATION. IN THE FIRST PHASE OF SOCIALIST DEVELOPMENT, A UNIFORM SYSTEM OF CRIMINAL JUSTICE ADMINISTRATION GREW OUT OF THE DISMEMBERED BOURGEOIS CRIMINAL JUSTICE SYSTEM. THIS UNIFICATION BROUGHT ABOUT THE ORGANIZATION OF UNIFIED FORUMS AND, CONCURRENTLY, THE MERGER OF CRIMINAL LAW AND THE LAW OF CRIMINAL PROCEDURE. HOWEVER, THIS UNIFICATION LATER BECAME A SOURCE OF POLITICAL PROBLEMS. THE POLITICAL FOUNDATIONS UNDERLYING THE SECOND PHASE OF SOCIALIST CRIMINAL JUSTICE DEVELOPMENT WERE PROVIDED MAINLY BY SOCIALIST DEMOCRATISM WHICH CONTINUED TO DEVELOP AND EXPAND. THE CONSISTENT PRINCIPLE OF SOCIALIST DEMOCRATISM WAS EXPRESSED BY DIFFERENTIATION IN THE FORUM SYSTEMS OF CRIMINAL JUSTICE, IN THE SUBSTANTIVE RULES OF LIABILITY UNDER CRIMINAL LAW, AND INTRINSICALLY IN RESPECT OF CRIMINAL PROCEDURE. HOWEVER, FAILURE TO PRODUCE SATISFACTORY RESULTS IN FIGHTING CRIME MAY REQUIRE FURTHER LEGISLATIVE AMENDMENTS. A HISTORICAL RETROSPECT OF THE HUNGARIAN LEGAL SYSTEM IS INTRODUCED BY A DISCUSSION OF THE PRINCIPAL FEATURES OF THE BOURGEOIS ADMINISTRATION OF CRIMINAL JUSTICE, INCLUDING THE FASCIST IMPACT ON BOURGEOIS LEGAL LITERATURE. THE ESTABLISHMENT OF A UNIFIED FORUM SYSTEM AND UNIFICATION OF CRIMINAL PROCEDURE IS EXAMINED, FOLLOWED BY A DISCUSSION ON THE DIFFERENTIATION IN THE FORUMS OF THE ADMINISTRATION OF HUNGARIAN CRIMINAL JUSTICE, INCLUDING LEGISLATIVE DIFFERENTIATION AND THEORETICAL AND PRACTICAL PROBLEMS. THE LAWS REGULATING CRIMINAL LIABILITY FOR INSIGNIFICANT OFFENSES AND CRIMINAL OFFENSES OF MODERATE WEIGHT ARE DEFINED. AFTER HIGHLIGHTING THEORETICAL PROBLEMS CONCERNING UNIFICATION AND DIFFERENTIATION IN SOCIALIST CRIMINAL PROCEDURES IN HUNGARY, THE BOOK CONCLUDES WITH A COMPARATIVE ANALYSIS OF UNIFICATION AND DIFFERENTIATION IN CRIMINAL PROCEDURE FOR THE SOCIALIST COUNTRIES PREVIOUSLY MENTIONED. TABULAR DATA, NUMEROUS FOOTNOTES, AN EXTENSIVE LIST OF PRINCIPAL SOURCES, AND AN INDEX ARE PROVIDED. (PRG)