Penology, Sentencing & Prison Law
Conditional Release and Real Life Imprisonment
Whole-life imprisonment; conditional release; presidential pardon; prisoners’ rights; European Court of Human Rights; sentence review
The article examines conditional release, presidential pardon, and whole-life imprisonment in Hungary in light of European human-rights jurisprudence. It argues that the compulsory pardon procedure introduced after Magyar v. Hungary may still fail to provide an adequately timely, reasoned, and independent review.
NAGY, ANITA
The Influence of the Concept of Human Rights upon the Policy of Death Penalty in China
Death penalty; human rights; Chinese criminal law; right to life; capital punishment reform; criminal policy
The article traces how the growing recognition of human rights has influenced China’s death-penalty policy since 1979. It examines constitutional developments, international human-rights standards, criminal-law amendments, and the gradual restriction of capital punishment.
HUANG, GUI
Applicability and Needs for Short Term Incarceration (Custodial Arrest)
Custodial arrest; short-term incarceration; criminal sanctions; prison law; juvenile offenders; alternatives to imprisonment
The article examines the historical development, current regulation, and practical implementation of custodial arrest in Hungarian criminal law. It questions the preventive effectiveness of short-term incarceration and recommends non-custodial alternatives that reduce stigmatization, prison harm, and social costs.
PAYRICH, ANDRÁS GYÖRGY
The Specifics of Juvenile Criminal Law in the Czech Legal System
Juvenile criminal law; Czech legal system; child-friendly justice; restorative justice; criminal liability
This study examines the specific features of criminal liability for juveniles in the Czech legal system, from both a historical and a contemporary legal perspective. It reviews the development of the legislation from Austrian criminal law traditions through the 1931 Juvenile Act and the regulations of the socialist era to the current Act No. 218/2003 on Juvenile Justice. The study focuses on a child-centered, educational, and restorative approach, which prioritizes the social reintegration, development, and restitution of harm caused by juveniles over retribution. The study analyzes the minimum age of criminal responsibility, the principle of relative accountability, and the assessment of intellectual and moral maturity. It presents the system of educational, protective, and punitive measures, as well as the principle of deprivation of liberty as a measure of last resort. Special attention is given to procedural safeguards, including juvenile courts, mandatory defence, restrictions on publicity, and the role of the Probation and Mediation Service.
VÁGI, KATA FRANCISKA
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