A kafkai per és a büntetőeljárás alapelvei

The legal analysis of the Trial written by Franz Kafka can mainly made through the aspect of criminal procedure. The tragedy of the protagonist Josef K. was caused by the conflict between the trial against him and the principles of modern criminal procedure. The characters describe precisely the procedural rules in their dialogues especially Huld (the defence lawyer of the protagonist), Block (a merchant who is another client of the lawyer) and Titorelli (the painter of the judges’ portrait). They sometimes refer to statutes, however at times they also present the judiciary practice which is the total opposite of the text of law. As Titorelli says that there are “two different things here, there’s what it says in the law and there’s what I know from my own experience, you shouldn’t get the two confused.” In this article the procedural rules of the Trial are compared to the Austrian Code of Criminal Procedure from 1873 which was in force during the writing of the novel. Since there are many differences it will also be presented if there was a regulation that was similar to the Trial