The Emergence of the Prohibition of Torture in Contemporary Criminal Law in the Spirit of Beccaria

Abstract

The book “Dei delitti e delle pene” fundamentally set out the principles of modern criminal law today. Most attribute the origin and authorship of the book to Beccaria, but there have been many debates about its authorship in his day and later. In my study, I use the method of source criticism to analyse the memoirs of the “Öklök Társasága” and the recollections of individual members, I also examine several Hungarian translations, which introduces the debate around authorship from other aspects. In addition, in the study I present the method of torture discussed in the book from a historical and legal point of view, and with the help of a quantitative procedure I examine what proceedings have been going on in Hungary in connection with this crime in recent years and its tendencies. Is torture one of the means of authority in Hungary today, or is there no such restriction on the exercise of human and constitutional rights, and does the fulfilment of obligations also take place under the conditions specified by law?