Clemency and amendment of the Fundamental Law

2024. February 26.


Following the events of the last few days in public law, several legal experts have expressed their views on the amendment of the Fundamental Law. also interviewed Dr. Balázs Gellér in this context. 

Dr. Balázs Gellér explained that "An amendment to the Fundamental Law that excludes the perpetrators of paedophile crimes from the scope of clemency is not only constitutionally questionable - and this is the lesser problem - but also deprives the judiciary of the possibility to prosecute, for example, the perpetrators of much more serious paedophile crimes on the basis of information provided by a perpetrator of a lesser paedophile crime in exchange for clemency.

The professor believes that the Criminal Procedure Code should be amended to allow for the possibility of commuting a sentence in exchange for cooperation with the authorities, even during the execution of the sentence.

Balázs Gellér believes that if the government insists on amending the Fundamental Law, amending the Criminal Procedure Code at the same time is the only way to avoid restricting the fight against the most serious paedophile crimes. He said that an amendment to the law could also allow the disclosure of pardon decisions, including pardons granted for health reasons. This, he said, would avoid a situation like the present one."

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