The prohibition of reformatio in peius in the light of the principle of fair procedure

Authors

  • Csongor HERKE Associate Professor, Dr Habil., Head of Department Department of Criminal Procedure Law and Forensic Science Faculty of Political and Legal Sciences University of Pécs, Hungary
  • Csenge D. TÓTH PhD candidate, Doctorate School Faculty of Health Sciences University of Pécs, Hungary

DOI:

https://doi.org/10.18533/ijbsr.v3i3.58

Keywords:

reformatio in peius, constitutionality, principle of a fair procedurereformatio in peius, principle of a fair procedure

Abstract

The requirement of the prohibition of reformatio in peius may arise taking into consideration several basic principles of the criminal procedure. In the Hungarian legal system, it is regulated under the procedure of the second instance, the procedure of the third instance, retrial, extraordinary legal remedies and even under some of the separate procedures. In addition to the criminal procedure, the reformatio in peius is regulated according to the law of infractions.

 

The main principle of reformatio in peius which says that the court of a higher instance can alter a decision of the court of a lower instance to the detriment of the recipient shall be limited in order to let the law somehow balance the disadvantaged position of the accused This means that the prohibition of reformatio in peius can even be traced back to the requirement for a fair procedure. This paper examines the reasons for the existence of the prohibition of reformatio in peius in the course of the criminal procedure while arguing its connection to the principle of a fair procedure (fair trial).

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Issue

Vol. 3 No. 3 (2013): March

Section

Article

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