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A favor defensionis elve Finkey korában és napjainkban
Author(s) -
Balázs Elek
Publication year - 2021
Publication title -
erdélyi jogélet
Language(s) - English
Resource type - Journals
eISSN - 2734-7095
pISSN - 2734-6226
DOI - 10.47745/erjog.2021.01.05
Subject(s) - law , disadvantage , enforcement , political science , law and economics , sociology
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.

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