Az eljárás alá vont személy jogai az általános szabálysértési hatóság eljárásában, különös tekintettel a jogorvoslati jogra

The aim of this paper is to review if and how the Hungarian Act 2012 Nr. II. on misdemeanors, the misdemeanor procedure, and the misdemeanor registry system guarantees the rights of the perpetrator of a misdemeanor. According to the Convention for the Protection of Human Rights and Fundamental Freedoms, the Charter of Fundamental Rights of the European Union and the Fundamental Law of Hungary everybody has the right to a fair trial and procedure. The European Court of Human Rights declared in the case Öztürk that this fundamental right has to be ensured not only for those accused with criminal offences, but also for perpetrators of minor offences, like misdemeanors. Three further rights can be deduced from the right to a fair procedure: the right to defence (both in person and through legal assistance), the right to free assistance of a translator or an interpreter and the right to an effective remedy. These rights are presented only in the misdemeanor procedure of the district authorities (district courts, police etc. also have the right to conduct misdemeanor procedure). The most important right of the perpetrator of a misdemeanor is the right to an effective remedy, which includes the right of access to court. In Hungary the perpetrator of a misdemeanor can apply to the court for reviewing the decision of the authority. In connection with this question I also mention the Resolution no. 63/1997 (XII. 12.) of the Hungarian Constitutional Court and some aspects of the German misdemeanor law (Ordnungswidrigkeitenrecht)