Then and Now – Violation of the Rules of Lifestyle Public Presence Nowadays and in Legal History

Abstract

The study examines the violation of the rules of living in a public place with a retrospective and dogmatical method. In the introduction, it presents the relevant amendments of the Fundamental Law of Hungary and the Regulatory Offences Act, which are in force since October 15, 2018, then analyses the definition of minor and regulatory offences. The aim of the next chapter is to reveal the antecedents of the new regulation in criminal law. This is followed by a dogmatic analysis of the new regulatory offence, and then the study evaluates the decision of the Constitutional Court examining the constitutionality of the regulation. The conclusion of the study is that the regulation of these offences, although it is compatible with the Constitution, can only be considered as a subsidiary regulation compared with other criminal activities committed in a public place.