Practical Issues in the Protection of Secrets in the Hungarian Criminal Procedure
Practical Issues in the Protection of Secrets in the Hungarian Criminal Procedure

Summary/Abstract: The aim of the essay is to present the practical problems and questions raised by the protection of secrets in the criminal procedure. Even theoretical issues come up in the analysis where it is deemed necessary for better understanding. The author is trying to analyze the main legal institutions of the criminal procedure concerning the protection of secrets one by one, starting with the participants of the procedure, through gathering evidence, secret investigation and coercive measures, finishing with witness protection. The analysis is not a simple collection of the ambiguous articles of the Criminal Procedure Act but a presentation of problematic practical examples and of possible solutions to the questions. Besides the Criminal Procedure Act, further statutes, decrees, decisions of the Constitutional Court and sources of jurisprudence have been examined and are presented and interpreted to the reader. Hopefully, the issues mentioned in the essay can clearly illustrate the practical significance of this topic and the de lege ferenda proposals can lead closer to the solution of these problems. The author is trying to emphasize that even in an essay concerning practical issues, the balance of jurisprudence and legal practice cannot be broken. The frame and motto of the analysis is a quotation from Ervin Cséka: ‘professional work of a high standard requires thorough grounding in practical issues which must lean on deep theoretical bases’.

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