Constitutional Comments on the Legal Status of Military Attorneys and Judges of Military Tribunals

Abstract

When examining the system of Hungarian military criminal procedure law, a possibly discriminative speciality can be found. Namely, the members of law enforcement agencies and the Parliamentary Guard can only be defendants during the criminal procedure. There is no possible way for them to be a military attorney or a judge of a military tribunal. For these functions, in Hungary, one has to be a member of the Hungarian Defence Forces. In this paper I would like to examine some questions about this – possibly unconstitutional – situation.