In my short essay, I tried to present the changes in the criminal procedure law of the last one hundred and fifty years, the means of proof, and, wherever possible, to find a connection, as well as ...Ferenc Finkey's work, who was born 150 years ago. It can be said about Finkey’s work, his textbooks that his conception of material and procedural law marked a new era in Hungarian scientific life. He established a modern system, proclaiming the principles that meet the theoretical and practical requirements of a modern criminal procedure based on individual freedoms, acquiring a state-of-the-art approach with a European perspective. As a result, his views are not let out of the latest scientific life either. His theoretical conception and dogmatic theorems still define legal thinking.
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.
There has been a lot of controversy among the Hungarian jurisprudence regarding the creation of the new Hungarian Criminal Procedure Act. It was also raised whether there was a need for a new code of ...procedure at all, whether it was not enough to adapt the existing regulations of the old Criminal Procedure Act to the new Criminal Code.The Criminal Procedure Act, which has been in force since July 1 2018, may seem a distant start compared to Ferenc Finkey's work, but we will see that knowledge of the legal history and the processes involved are essential to understanding the changes in the present.This is specially true for changes that affect the principles on which criminal proceedings are based. One of the biggest changes in the new Criminal Procedure Code – at the level of the priciples – is undoubtedly the relegation of the principle of official proceedings to the background, as it often turns to opportunism rather than officiality in order to increase simplification and efficiency.In fact, in his work, Finkey has already perfectly described the mechanisms that we can discover in today’s changes. Perhaps it is no exaggeration to say that his work may have provided a basis for fundamental changes in the new Criminal Procedure Code. His theories presented in this study shed excellent light on the dynamics that have permeated all areas of legal history in law and on the processes that, if we recognize them help us understand why it is necessary for our laws to be recreated sometimes.All in all, we can see that the principles are never of absolute value, but their meaning is constantly changing, as the legislatorial ways breath in the spirit of the current age. When these principles are no longer able to keep up with change, they must be re-formed. And if we are to form such an important principle, we need to enforce a new vision throughout criminal proceedings that makes it necessary not only to make amendments to the Code of Criminal Procedure but also to create a whole new law.In order to see the real effects of the present innovations and the actual processes it has initiated in our criminal procedural law, a comprehensive analysis of the practice will be needed. We need to examine how quickly law enforcement can respond to the loss of space in centuries-old traditions. It may also be a question of whether we can talk about a real loss of space at all, as it is also conceivable that the principle of officiality has narrowed at the level of the normative text, but the old routine, attitude, and instincts live on in the application of law. The outcome of this examination may also raise important questions, including legal certainty. It is essential that once our procedural law has reached the point where it had to be born again, the application of the law be reborn with it.
Cet article s’intéresse à l’origine du processus juridique et institutionnel aboutissant à l’établissement des règles présidant aux relations entre l’État central et les éléments périphériques de son ...territoire situé en outre-mer dans l’histoire des institutions françaises. Les seules recherches menées sur le sujet de l’histoire du droit public d’outre-mer sont relativement anciennes, voire incomplètes ou approximatives. Or les expériences constitutionnelles et administratives des régions ultra-marines françaises sont multiples au regard de l’histoire et peuvent être étudiées à la lumière d’un contexte politique, économique et social différent selon les périodes. Cette histoire permet alors d’éclairer les analyses actuelles portant sur l’adaptation des institutions françaises en outre-mer, en particulier dans les départements d’outre-mer où l’expérience de l’assimilation est la plus forte et la plus ancienne.
This article focuses on the origin of the legal and institutional process leading of the establishment of the rules governing the French colonial economy and relations between the central State and the peripheral elements of its territory located overseas in the history of French institutions. The only research carried out on the subject of the history of overseas public law is relatively old and even incomplete or approximate. However, the constitutional and administrative experiences of French overseas regions are multiple with regard to history and can be studied in the light of a different political, economic and social context depending on the period. This history then sheds light on current analyzes relating to the adaptation of French institutions overseas, particularly during the revolution in the overseas departments where the experience of assimilation is the strongest and the oldest.
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