CEU Electronic Theses and Dissertations, 2014
| Author | Lévai, Marianna Klaudia |
|---|---|
| Title | Indefinite Sentencing in Criminal Law: A Human Rights Perspective |
| Summary | „In dubio pro securitate?” – a new concept evolving throughout the past decades indicates a shift in criminal law theory that seemed to be unshakeable for centuries. The demand for public safety and security has led to the suppressed interest of the individual and resulted in uncontrolled confinements of potential terrorists and in sanctions of an indefinite character. The undesired dilemma of satisfying the interest of society to be protected from dangerous criminals or safeguarding the rights of the individual raises serious issues from human rights perspectives this thesis is examining with a special focus on the institution of preventive detention. After presenting the law on the institutions, the study first discusses the human rights problems preventive detention induces from a general aspect which is followed by comparative chapters evolving alongside the case law. The thesis also reveals the position of human rights monitoring agencies to underpin the issues the researcher is concerned about also by the sphere of civil society. The scrutinized jurisdictions (Germany, the U.K., ECtHR) provide a great basis to present and analyze different approaches towards the thesis’ problem, the research reveals their defects and offers valuable deductions even if from a negative point of view, which might warn and enable jurisdictions coming later to the center of reports and judgments to find more effective solutions. |
| Supervisor | Bárd, Károly Dr. Pfor. |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2014/levai_marianna.pdf |
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