The Principle of Favor Defensionis in Finkey’s Age and Nowadays Cover Image

A favor defensionis elve Finkey korában és napjainkban
The Principle of Favor Defensionis in Finkey’s Age and Nowadays

Author(s): Balazs Elek
Subject(s): History of Law
Published by: Scientia
Keywords: favor defensionis; criminal procedure;

Summary/Abstract: The principle of favor defensionis (principle of protection) nowadays basically expresses that the Criminal Procedural Act seeks to eliminate and somewhat compensate for the disadvantage of the accused by certain detailed provisions. In dubious cases, the law is interpreted in favour of the accused in the spirit of the principle, even against the equality of arms principle. By this principle, Finkey meant cases where the rules of procedure allow for multiple interpretations, in which case they must be interpreted in favour of the accused. The principle also often appears in today’s law enforcement.

  • Issue Year: IV/2021
  • Issue No: 1
  • Page Range: 45-55
  • Page Count: 11
  • Language: Hungarian