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Alexandra Véger

The Importance of Legal Representation in Compensation Procedure Initiated for Fundamental Rights-violating Placement Conditions

The Importance of Legal Representation in Compensation Procedure Initiated for Fundamental Rights-violating Placement Conditions

Abstract

The rights and obligations associated with legal representation in prison are inconsistent with other related legal provisions, and therefore differently interpreted and applied by pre-trial penitentiary institutions (hereinafter referred to as "criminal institutes") and penitentiary courts ("judiciary courts"). This dissonance appears in the indemnification proceedings as well. This difference can be perceived in the compensation procedure for compensating for the injuries resulting from placement conditions that violate the fundamental rights of prisoners who have been deprived of their liberty during imprisonment: this is a new legal body with mixed elements of criminal procedure, penitentiary and civil proceedings. This new legal institution has been introduced as a preventive tool in our Prison Act, which is based on a special title due to crowded housing conditions. In this study, I focus briefly on the compensation procedure initiated for placement conditions that violate fundamental rights resulting from overcrowding, how it incorporated our legal representation in the Hungarian compensation system in comparison with the enforcement of sanctions, measures, certain coercive measures and the closure of offenses. CCXL 2013 (hereinafter: the Code of Civil Procedure) and Act XC of 2017 on Criminal Procedure. (hereinafter: the New Act). In this study I would like to highlight the differences that may affect the compensation procedure to such an extent those can affect clash and stall. The dissertation also aims to make suggestions that can help the new Be and Bv. Code of Conduct on Legal Representation for Unification of the bv. institutes and bv. judicial proceedings. So far, other legal literature has not generatred scrutiny about legal representation in the compensation procedure, so my present publication directly refers to the current Hungarian regulation, interpretation and application of the legal representation of the indemnification procedure, indirectly I refer to the literature that can support my findings.

Keywords

penitentiary, indemnification, legal representation, criminal prosecution, defender, prisoner
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