Criminal law limits to freedom of expression for the national defence and law enforcement bodies Cover Image

A véleménynyilvánítás szabadságának büntetőjogi korlátai a hon- és a rendvédelmi testületeknél
Criminal law limits to freedom of expression for the national defence and law enforcement bodies

Author(s): Erik Fejes
Subject(s): Law, Constitution, Jurisprudence
Published by: ORAC Kiadó
Keywords: expression of opinion; soldiers; criminal law limits

Summary/Abstract: The right to freedom of expression is granted equally for military personnel, police officers, parliamentary guards, members of the penitentiary service, professional firefighters and national security personnel, just as for anyone else. However, its exercise may be subject to restrictions regarding expressions that are incompatible with the functioning of the national defence and law enforcement bodies. The most extreme measure for such restrictions is criminal law, which may only be applied in exceptional cases where an act poses a genuine threat to the effective operation of military-type organisations. The legislator classifies expressions of opinion capable of undermining discipline, as well as the service and hierarchical order, as acts posing a real threat, because of their material unlawfulness. The study analyses and evaluates these offenses, which constitute a special limitation on freedom of expression that applies exclusively to military personnel and the professional personnel of law enforcement bodies.

  • Issue Year: 14/2025
  • Issue No: 2
  • Page Range: 149-176
  • Page Count: 28
  • Language: Hungarian
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