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Problems of Legal and Criminal Policy Concerning Imposition of Punishment in Hungary

NCJ Number
140975
Journal
Acta Juridica Volume: 25 Issue: 1-2 Dated: (1983) Pages: 39-59
Author(s)
T Horvath
Date Published
1983
Length
21 pages
Annotation
The speech, presented at the second Finnish Hungarian Criminal Law Seminary (Helsinki, September 22-25, 1980), surveys the legal provisions for awarding punishment and the way Hungarian courts have used their discretion in imposing punishment.
Abstract
The Hungarian penal code of 1978 provides a wide range of punishments including capital punishment, prison terms and fines, bans on participating in public affairs or in exercising a profession, and expulsion from the country. The courts have considerable latitude in allotting these punishments singly or in combination with each other. They are specifically charged with individualizing sentences according to the nature of the offense and the personality of the offender. An analysis of sentencing statistics from 1969 to 1979 shows how the courts have used their authority. They show a clear trend to avoid prison terms in favor of alternative punishments like fines and rehabilitation. During that time period, only 25 percent of the sentences involved prison terms, and of these over 80 percent involved short terms of less than a year. Nearly half of the prison terms were imposed because of property offenses. The article includes 20 bibliographical references.

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