The Trianon Peace Treaty had a profound effect on the social and governmental structure of Hungary. These changes, of course, also influenced the field of corrections and actually altered some of its ...key aspects as well. The author will recall several key penological concepts and ideas from the era to provide an introduction to the philosophical foundations of the establishment of correctional legislation and the resulting substantive changes that occurred. Moreover, a detailed analysis will be provided on the system of enhanced severity workhouses, an emblematic punitive measure that addressed the unfavourable criminological tendencies of the 1920s, which emerged as consequences to the Trianon Peace Treaty. The essay will conclude with deducing the generalized historical, legal, and moral lessons and conclusions pertaining to this peculiar period of Hungary.
In my article, I examine some of legal opinions of Ferenc Finkey’s with regard to substantive criminal law, from the perspective of today’s criminal lawyer. I present the concept of criminal offence ...in Finkey’s works, dealing with the issues of unlawfulness and guilt, also pointing to aspects not discussed in the previous literature. In the case of the act of trying to kill a dead person, my opinion is that it is more proper to establish criminal liablity for an unsuitable attempt of homicide instead of excluding liability. Regarding to the continued offence, I accept the the young Finkey’s position, while with regard to the concurrence by one act, I do not agree with Finkey at all. My conclusion is that Ferenc Finkey’s books and articles would be welcome for today’s criminal lawyers to get acquainted with them as well.
Pursuant to the First World War, Romania’s territory increased, and thus it inherited a complex social, economic, and legal environment different from that of the predecessor states. The Romanian ...state’s response to these challenges is to be found in the political goal of building a homogeneous nation-state. This political agenda has had an impact on all areas of law, not only on legislation but also on the application of the law. The use of essentially ethnically neutral legal instruments of criminal law for state policy purposes can also be seen as an element of exclusionary nationality policy. The Romanian state’s actions have thus not only failed to resolve existing internal tensions but have also made the relations between the majority and minorities, as well as the possibility of consolidation impossible for the past century.
In the beginning of the year 1837, the hunt started to catch Jóska Sobri, the famous Hungarian outlaw, and his gang. The then palatine ordered military forces to track them down and promised high ...reward for capturing them. The outlaw gang was hiding in Bakony Forest and had little chance against the soldiers. Not even Sobri and his closest fellow gang members could slip through the territory encircled by the authorities in Tolna County, close to Lápafő, on 17 February 1837. In the gunfight, Sobri has most probably died, but this has never been proven. He disappeared, and the myth was born in outlaw folklore, according to which he is alive even nowadays. Recently, a movie has been produced about his life, and there is also an adventure park in Bakony Forest named after him.
The role of duels changed a lot throughout history. Based upon observations, most duels resulted from personal grievances. Duels were present even in the mid-20th century in Hungary.In the 20th ...century, duels were one of the greatest dilemmas of justice. The public opinion accepted duels, but the legal profession condemned them, mainly because of the possible negative consequences.In my study, I will present most of the legal provisions for duels both in Hungary and in Europe, the ethical Code of duels, and the most important lawyers, opinions on duels. Finally, I will explain the main reasons that had led to the decline of duelling.
In the middle of the campaign for Transylvania’s liberation, the Governing Council of Sibiu had decided to support the efforts of the Romanian army and ordered the establishment of a Territorial ...General Commandment meant to begin recruitment in Transylvania, Banat and the Romanian provinces in Hungary, in order to constitute an unit of volunteers. Ulteriorly, out of their ranks, 6th and 7th Army Corps have been established, recruited exclusively from Transylvanians regardless of their nationality. Under Decree I passed by the Governing Council of Sibiu, laws, ordinances, regulations and legal statutes issued prior to December 18th1918, when Transylvania was proclaimed independent of Budapest, were temporarily in force. Within this context, militaries of Transylvanian divisions were subject to military jurisdiction under Austro-Hungarian Military Criminal Code of 1855, whereas Romanian militaries who were under the command of Transylvanian Commandment of Troops were subject to the jurisdiction of Romanian laws, implicitly to the Code of military justice.
Ferenc Finkey’s scientific achievements and human qualities have made him one of the most prominent personalities in the field of legal sciences and prison affairs. He did not, of course, begin his ...epoch-making activity in a “vacuum”, so we consider it important to present the antecedents, the penological initiatives of the early 19th century, focusing on youth protection and work in prisons, and we describe the social and political reasons that supported or made it difficult for Finkey’s ideas to emerge. The fall of the Hungarian Soviet Republic had tragic consequences for criminal pedagogy trying its wings. We have gathered a bouquet of human and professional reasons why Finkey has distanced himself from the spirituality, events, and aspirations of the Hungarian Soviet Republic in every way. Fortunately for criminal pedagogy, Finkey’s professional career and scientific aspirations were not broken by the proletarian dictatorship and the subsequent ideological retaliation. Finally, we prove the greatness of Ferenc Finkey's theoretical system in criminal pedagogy by using the ideas formulated in his own work Punishment and Pedagogy, which is considered to be the most important one for the topic of our study.
Attorney Elemér Óvári was a legendary figure of Cluj in the first half of the 20th century. His professional, civic organizing activity and his magistral skills of organizing pranks were legendary in ...the Austro-Hungarian Monarchy and later in Romania. The salon, run with his wife, Olga Purjesz, was a prominent centre of cultural life in Cluj. This study seeks to reconstruct the life of Elemér Óvári and the tragic events that took place in October 1944 in Cluj, in the context of the Soviet army’s invasion and of the efforts to protect the city from the fighting.
The principle of favor defensionis (principle of protection) nowadays basically expresses that the Criminal Procedural Act seeks to eliminate and somewhat compensate for the disadvantage of the ...accused by certain detailed provisions. In dubious cases, the law is interpreted in favour of the accused in the spirit of the principle, even against the equality of arms principle. By this principle, Finkey meant cases where the rules of procedure allow for multiple interpretations, in which case they must be interpreted in favour of the accused. The principle also often appears in today’s law enforcement.
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