A véleménynyilvánítási szabadság büntetőjogi korlátairól alkotmánykonform értelmezésben

My paper deals with the criminal law boundaries of free speech: with the constitutional interpretation of defamation and insult. The Fourth Amendment of the Fundamental Law of Hungary declared the human dignity to be the explicit boundary of free speech. The new constitutional background made it nec...

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Bibliographic Details
Main Author: Botos Mihály Bálint
Format: Article
Published: 2021
Series:Acta Universitatis Szegediensis : forum : publicationes discipulorum iurisprudentiae 3
Kulcsszavak:Büntetőjog, Szólásszabadság
Online Access:http://acta.bibl.u-szeged.hu/74499
Description
Summary:My paper deals with the criminal law boundaries of free speech: with the constitutional interpretation of defamation and insult. The Fourth Amendment of the Fundamental Law of Hungary declared the human dignity to be the explicit boundary of free speech. The new constitutional background made it necessary the re-thinking of the legal practice based on the Decision No. 16/1994 of the Constitutional Court (a fundamental decision of the topic). My research has been focusiong on the constitutional interpretation of this criminal law topic that examines such questions, about which the jurisprudence is not unified. The methodology of my research is the interpretation of the constitutional form, with which examines how the practice can be applied to the interpretation requirements laid down by the Constitutional Court. To this I I mainly used primary sources, which included the ordinary courts as well as the relevant decisions of the Constitutional Court. I consider domestic or foreign literature, as well as various journals and magazines as secondary sources. As a result, it can be determined that the practice is far from uniform, in the first interpretation requirement the personal focus is still an outstanding game and in many cases additional aspects are carried out at the level of factuality. Finally, a paradigm shift can also be observed in the practice of the Constitutional Court, therefore the board also seems to dissolve its residence behavior.
Physical Description:33-62
ISSN:2560-2802