Repedések a vádelv pajzsán

The accusatory principle is a shield to protect the fair trial requirements in criminal cases. However, the quest for truthfulness can sometimes lead to procedural actions that can go beyond the adjudicative function. This paper will address those problems of the trial phase which might lead to the erosion of the accusatory principle during the process of searching for the truth. Particularly, it focuses on the difficulties of drafting court orders calling for the remedies of the indictment, the challenges of the evidentiary procedure and, except in the case of acquittal, the limitations of establishing wholly or partly different facts in the verdict without amending the subject of accusation. In addition to outlining the theoretical background, it illustrates, through practical examples, the solutions already developed and the questions that still need to be answered.

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Publication Details

Journal
Magyar Jog
Published
2025-09-25
DOI
https://doi.org/10.59851/mj.72.09.1
Primary Topic
Hungarian Social, Economic and Educational Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Repedések a vádelv pajzsán

Andrea Czédli-Deák
Magyar Jog
Hungarian Social, Economic and Educational Studies
article

Repedések a vádelv pajzsán

Andrea Czédli-Deák
article en

Abstract

The accusatory principle is a shield to protect the fair trial requirements in criminal cases. However, the quest for truthfulness can sometimes lead to procedural actions that can go beyond the adjudicative function. This paper will address those problems of the trial phase which might lead to the erosion of the accusatory principle during the process of searching for the truth. Particularly, it focuses on the difficulties of drafting court orders calling for the remedies of the indictment, the challenges of the evidentiary procedure and, except in the case of acquittal, the limitations of establishing wholly or partly different facts in the verdict without amending the subject of accusation. In addition to outlining the theoretical background, it illustrates, through practical examples, the solutions already developed and the questions that still need to be answered.

Magyar JogVol. 72
University of Debrecen (HU)
Openalex Percentile: Top 68%
Hungarian Social, Economic and Educational Studies
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