Difficulties with the Interpretation of the Statement about Confessing on the Preparatory Trial

Abstract

The re-regulation of the preparatory trial is a significant innovation of the new Criminal Procedure Code. This makes possible for the accused to make an agreement with the court about confessing their culpability and the crimes they committed. This way, the Court can make a decision on the merit as soon as reasonably practicable, so even on the court of first instance. Although there is a concept of confession” regulated in the Criminal Procedure Code, the confession that the accused makes on the preparatory trial – if we translate it from the exact Hungarian phrase – is called a „statement” in the Code. This makes this legal instrument questionable from several points of view, for example: the concept and the usage of evidences in the criminal procedure by the Court; the classification of the statements that the accused makes during the preparatory trial or on the trial.