Essays of Faculty of Law University of Pécs, Yearbook of [year]最新文献

The Historical Development of the Hungarian Plea Bargain 匈牙利辩诉交易的历史发展

Essays of Faculty of Law University of Pécs, Yearbook of [year] Pub Date : 2023-06-16 DOI: 10.15170/studia.2023.01.04

Laura Kelemenné Csontos

{"title":"The Historical Development of the Hungarian Plea Bargain","authors":"Laura Kelemenné Csontos","doi":"10.15170/studia.2023.01.04","DOIUrl":"https://doi.org/10.15170/studia.2023.01.04","url":null,"abstract":"The new Criminal Procedure Code entered into force on 1 July2018. Based on the experience of the last four years, the settlement has not beenpopular, but confession at the preparatory session has become favoured.Hungarian academic literature considers the settlement to be the institutionclosest to the American plea bargain. In addition to the two new legalinstitutions, the Criminal Procedure Code contains several simplifier options.Both the previous and the current Criminal Procedure Code provide successfulsimplifier tools (e.g., penalty order), however, neither the settlement nor itspredecessor — the waiver of trial — could break through. In my PhD study Iam looking for the answer to why the Hungarian plea bargain cannot breakthrough, for which purpose I examine the antecedents of the settlement from ahistorical point of view. A fundamental shortcoming can be observed: similarly,to German criminal procedure law, the principle of consensus as a legitimizingprinciple is missing from Hungarian criminal procedure. It would beworthwhile to examine the results that the introduction of the consensusprinciple would lead to. In addition, it would be important to examine thedifferent simplifier institutions in relation to each other, i.e., to which groups ofcases and how they are applied. It is possible that the aim of speeding upprocedures may be reached more conveniently by the authorities by othersimplifier solutions.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122520465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The renaissance of compulsory licenses (in the pharma sector) 强制许可的复兴(在制药行业)

Essays of Faculty of Law University of Pécs, Yearbook of [year] Pub Date : 2023-06-16 DOI: 10.15170/studia.2023.01.12

Blanka Szupera

{"title":"The renaissance of compulsory licenses (in the pharma sector)","authors":"Blanka Szupera","doi":"10.15170/studia.2023.01.12","DOIUrl":"https://doi.org/10.15170/studia.2023.01.12","url":null,"abstract":"This paper examines the function of compulsory licensing of themanufacture of pharmaceutical products. The COVID-19 pandemic haschallenged the pharmaceutical patents and the compulsory licenses in thepharmaceutical sector. In International law the TRIPS Agreement introduced aspecial possibility to use the subject matter of a patent without the authorizationof the right holder. The development of this license was determined by thepublic health problems of the least-developed countries (hereinafter referred toas the LDCs). Today the global pandemic has challenged this system. Somedeveloping countries proposed that the World Trade Organization temporarilyshall waive intellectual property rights for COVID-19 vaccines. The legislationof some countries allowed the governance to order the limitations of patents,but such a solution could harm the legitimate interests of the patent owners. Theglobal need for rapid treatment of COVID-19 showed that patentees cannotmake pharmaceutical inventions sufficiently available on the market. There areother solutions like patent pools, by which patent owners could keep control ofthe use of their inventions and the patents would be still available for thirdparties. This would serve the general public interest, but it is a money and timeconsuming, long-distance cooperation. The broadened use of compulsorylicensing could also expand vaccine manufacturing within the patent system.Hungary has chosen this path and the new legislation means the renaissance ofcompulsory licenses.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124223879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Biases in the Criminal Justice System with Reference to the Practice of Compulsory Treatment of Mentally Ill Offenders 从精神疾病罪犯强制治疗的实践看刑事司法制度中的偏见

Essays of Faculty of Law University of Pécs, Yearbook of [year] Pub Date : 2023-06-16 DOI: 10.15170/studia.2023.01.02

Krisztina Petra Gula

{"title":"Biases in the Criminal Justice System with Reference to the Practice of Compulsory Treatment of Mentally Ill Offenders","authors":"Krisztina Petra Gula","doi":"10.15170/studia.2023.01.02","DOIUrl":"https://doi.org/10.15170/studia.2023.01.02","url":null,"abstract":"One of the least researched areas of the economic analysis of lawtoday is Criminal law and Criminal justice. A contemporary line of thinkingand examination is the behavioural economic approach that reflects on variousmental distortions (i.e. biases) affecting the decision-making and situationassessment of individuals. The focus of my essay is the intersection of Criminallaw and behavioural economics in the sphere of biases influencing theparticipants in criminal proceedings. The measure of compulsory treatment inthe cases of mentally ill offenders serves as an illustration: the application ofthe sanction, as well as the review procedure aimed at deciding whether analready applied sanction could be ceased and the treated person should bereleased. Outlining this measure is justified by the fact that the potentialconsiderations and evaluations of mentally ill offenders cannot be taken intoaccount as those of sane perpetrators (who are in no state of impairment of themind). This places an even greater responsibility on the rest of the proceduralparticipants – especially judges and experts – to deliver well-reasoneddecisions by eliminating the eventual negative consequences of their generallyless reflected mental distortions that could pose further detriments to thementally ill. As a closure, I am referring to certain ways and means that canpotentially reduce the role of biases in the criminal proceedings and thuscontribute to fairer jurisdiction for the mentally ill.","PeriodicalId":231331,"journal":{"name":"Essays of Faculty of Law University of Pécs, Yearbook of [year]","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121163663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Illegal removal of minors abroad in connection with child trafficking 与贩卖儿童有关的将未成年人非法移到国外

Essays of Faculty of Law University of Pécs, Yearbook of [year] Pub Date : 2023-06-16 DOI: 10.15170/studia.2023.01.09

Dóra Ripszám

引用次数: 0

Anti-money laundering and countering financing of terrorism legislation in Vietnam: Criminalization, Practice and Challenges 越南反洗钱和打击恐怖主义融资立法:定罪、实践和挑战

Essays of Faculty of Law University of Pécs, Yearbook of [year] Pub Date : 2023-06-16 DOI: 10.15170/studia.2023.01.13

Ha Van Thai

引用次数: 0

Environmental sustainability regulatory and policy practices and actions of telecoms regulatory authorities 环境可持续性监管和电信监管当局的政策实践和行动

Essays of Faculty of Law University of Pécs, Yearbook of [year] Pub Date : 2023-06-16 DOI: 10.15170/studia.2023.01.05

Máté Mester

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Transnational Organized Crime and Future Threats in Bangladesh: Comparative Combating Measures 孟加拉国跨国有组织犯罪和未来威胁:比较打击措施

Essays of Faculty of Law University of Pécs, Yearbook of [year] Pub Date : 2023-06-16 DOI: 10.15170/studia.2023.01.03

Bushra Jahan

引用次数: 0

Citizen Rights in a Critical Juncture: Comparing the EU and ASEAN Legal Response in the time of the COVID-19 Pandemic 关键时刻的公民权利:比较欧盟和东盟在COVID-19大流行时期的法律应对

Essays of Faculty of Law University of Pécs, Yearbook of [year] Pub Date : 2023-06-16 DOI: 10.15170/studia.2023.01.07

Asrul Ibrahim Nur

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Abuses in virtual space and aiding suicide 虚拟空间滥用和协助自杀

Essays of Faculty of Law University of Pécs, Yearbook of [year] Pub Date : 2023-06-16 DOI: 10.15170/studia.2023.01.11

Barbara Szabó

引用次数: 0

Comparative Legal and Economic Analysis of Franchising 特许经营的比较法律与经济分析

Essays of Faculty of Law University of Pécs, Yearbook of [year] Pub Date : 2023-06-16 DOI: 10.15170/studia.2023.01.06

Battulga Namsrai

引用次数: 0