Application of the Csemegi Code Today

Abstract

The first codified Hungarian Penal Code was Article V of 1878, which was called the Csemegi Code after State Secretary Károly Csemegi. Article V of 1878, the general part of the Hungarian Penal Code on crimes and misdemeanours, remained in force until 1951 and the special part until 1962. It is well known that the Code left very deep traces in Hungarian criminal law thinking. However, its influence is still alive and can be of decisive importance for the understanding of certain legal institutions even today. The law interpretation governing specific cases is carried out by the investigating authorities, the prosecutor’s office, and the court. In addition, legal interpretation in jurisprudence is also present, primarily in scientific literature. The two types of legal interpretation interact with each other, as legal practitioners are also expected to be scientifically grounded, but legal literature cannot be independent from the guidelines of legal practice either. Scientific and legal interpretation can be grammatical, logical, historical, or systematic. Codex Csemegi can obviously appear in the field of historical interpretation.

Keywords

• criminal law
• grammatical interpretation
• logical interpretation
• historical interpretation
• systematic interpretation