Ferenc Finkey’s Opinions on the Theory of Criminal Offence Cover Image

Finkey Ferenc egyes nézetei a bűncselekménytan köréből
Ferenc Finkey’s Opinions on the Theory of Criminal Offence

Author(s): István Ambrus
Subject(s): History of Law
Published by: Scientia Kiadó
Keywords: attempt; concurrence; criminal offence; legal history; unlawfulness;

Summary/Abstract: In my article, I examine some of legal opinions of Ferenc Finkey’s with regard to substantive criminal law, from the perspective of today’s criminal lawyer. I present the concept of criminal offence in Finkey’s works, dealing with the issues of unlawfulness and guilt, also pointing to aspects not discussed in the previous literature. In the case of the act of trying to kill a dead person, my opinion is that it is more proper to establish criminal liablity for an unsuitable attempt of homicide instead of excluding liability. Regarding to the continued offence, I accept the the young Finkey’s position, while with regard to the concurrence by one act, I do not agree with Finkey at all. My conclusion is that Ferenc Finkey’s books and articles would be welcome for today’s criminal lawyers to get acquainted with them as well.

  • Issue Year: IV/2021
  • Issue No: 1
  • Page Range: 3-13
  • Page Count: 11
  • Language: Hungarian