[ad_1]
On October 20, Parliament unanimously adopted a new regulation aimed at increasing the protection of victims of serious crimes against family members against family members, amending some provisions of the Penal Code (Penal Code), the Health Law and the Penal Code.
The double murder of children in Győr
The legal conditions had to be tightened because in recent months there have been a series of serious crimes committed by people paroled by a court. Notable among them was the double murder of a child in Győr in December last year.
The story in a nutshell: The tragic series of events began on the night of May 9, 2016, when Gábor H. tried to kill his sleeping wife at their home in Szombathely. Three minor children also witnessed the brutal assassination attempt.
The perpetrator was sentenced by the Szombathely Court to five years in prison.
The man did not receive a more severe punishment because, according to the forensic expert on the matter, he was in a reduced state of consciousness at the time of the event. Three years later, for his good behavior, the court conditionally released Gábor H. from September 27, 2019, who then killed his youngest son and adopted daughter in his Győr apartment on December 15, and later ended with he.
Good behavior doesn’t matter either
Under previous regulations, a convicted person could not be paroled if, for example, a multiple repeat offender and his sentence had to be served in a prison, or a violent multiple repeat offender who had committed the crime in a criminal organization. In addition, the Penal Code. He has previously ruled out parole for an offender sentenced to life in prison for certain serious crimes, including genocide, terrorism, and murder with extreme cruelty.
The essence of the new regulation: in the case of fixed-term custodial sentences for the most serious crimes
in the future, the possibility of parole will be ruled out.
The perpetrator of the most serious crime that affects human life or physical integrity (including, but not limited to, homicide, kidnapping, terrorism) and a violent crime that involves a person threatened with imprisonment for at least eight years or more. are excluded by force of law of the parole benefit.
In other words, the perpetrator of a serious violent crime cannot be released from prison earlier than prescribed in the sentence, even if he behaves well.
In the case of violent crimes against a person against their relatives, for which parole is not excluded, this benefit will only apply exceptionally. In order to prevent the reoccurrence of the crime, the amendment to the law provides for the order of arrest, location and supervision of probation.
It is not automatic and can be counterproductive
András Polgár, judge of the Veszprém District Court, a “Thoughts on Probation” According to their study, there is also an obvious disadvantage that in some cases the possibility of parole is ruled out.
This is manifested mainly in the fact that in the case of convicted persons excluded from the benefit, one of the most serious means of education, a positive motivating factor, is lost, the possibility of parole, that is, the possibility of shortening the sentence. Therefore, it is expected that the convict will be more difficult to motivate, in his case the range of means to influence in a positive direction will be limited, after the lack of the most important advantage, the possibility of preferential release; while the effectiveness of the negative factors that provide sanctions and prosecutions can only be intermittent.
In extreme cases, the institution of probation can backfire.
According to him, this is clearly confirmed by the statistics. Of the 7,533 convicts, 6,079 were paroled in 2010, 6,037 of 7,598 convicts were paroled in 2011, 5,900 of 7,334 in 2012 and 5,945 of 7,427 in 2013. Thus, four-fifths of those affected received the benefit, what appears to be an unjustifiably lenient and mild practice, according to the Veszprém penitentiary.
Péter Lajkó, judge of the Balassagyarmat Court, stated in an interview:
Probation is not a personal right of the convicted person and therefore does not constitute an unconditional obligation for the judge.
According to the prison judge, experience has shown that the possibility of parole motivates convicts to behave impeccably during the execution of a sentence, thus creating a conviction in court that they will become a useful member of society. after his release. get divorced and lead a law-abiding lifestyle, refrain from further crimes.
Top image: Police car On December 15, 2019, at one of Győr’s industrial facilities, where according to a public report, children found the bodies of two children, a 13-year-old girl and a 10-year-old boy and his father, in an apartment. MTI / Csaba Krizsán
[ad_2]
