Review of the “cumulative three strikes”
Studia Iuris
2024

In my research, I reviewed and categorized 43 decisions made by the Curia in  review proceedings. My findings are summarized in this study. These decisions were made  after the Constitutional Court (in its decision 23/2014. (VII. 15.)) annulled the provisions  related to cumulative three strikes in the Penal Code both in the previous and current versions.  This paper examines the following questions: when did the Curia reduce the duration of  penalties? When did the Curia assess whether these penalties are justified, even though the  penalty range had been determined by the lower courts based on the annulled provisions?  T  he paper also examines the reasons and circumstances that led to conflicting decisions by  the Curia regarding the applicable laws during the review proceedings.

A koronavírustagadók kriminalizálása, elemzés a rémhírterjesztésről a vírus után
Glossa Iuridica
2023

The aim of my study is to present the elements of the crime of fearmongering under a special legal order, the Constitutional Court Decision 15/2020 (VII. 8.), and the criticisms of the decision. I have formed an opinion on the validity of the criticisms, and I have also reviewed the final rulings issued until the end of 2022 regarding this crime, evaluating, among other things, how courts interpreted the term „effectiveness of defense.” I have examined whether the concerns regarding the potential for arbitrary legal application due to the unpredictable wording of the law have materialized, and whether citizens could become its victims. Additionally, I have considered to what extent the increased number of criminal proceedings can be attributed to the imprecision of the norm, and whether the new provision is suitable to serve as a tool in maintaining public order during a potential special legal order in the future. 

Az összbüntetés aktuális kérdései
Boóc Ádám - Papp Petra (szerk.): Opera Iuventutis, Tanulmányok a XXXV. OTDK Állam- és Jogtudományi Szekciójából Budapest, Károli Gáspár Református Egyetem Állam- és Jogtudományi Kar
2021

The aim of my thesis is to present the issues surrounding cumulative sentencing, with a particular focus on the currently emerging questions. Cumulative sentencing and concurrent sentencing are closely related, and in this context, I discuss the findings made by the Constitutional Court in its Decision 3116/2016 (VI. 21.), where, among other things, the issue of discriminatory treatment was examined. Then, in an international perspective, I conduct a comparison of the rules on cumulative sentencing in Hungarian and German law. I also present the legal interpretation dispute between the Constitutional Court and the Curia in the 10/2018 (VII. 18.) and 1/2020 (I. 2.) AB decisions, as well as in the 2/2019 BJE decisions. In my thesis, I conclude that the Constitutional Court’s decision regarding the temporal scope marked a doctrinal shift. According to my findings, greater judicial discretion is necessary, both to achieve the purpose of the legal institution and because harmony is needed in the application of both concurrent and cumulative sentencing. Finally, I consider the 2/3 rule and the rule of cumulation to be unjustified.