The criminal law and immigration law rules for detained persons, with particular regard to defendants with third-country citizenship

Abstract

Aim: Since there are no specific provisions on governing detention (and its execution and termination), the consistency of criminal procedure law and immigration law rules cannot be established in many cases. This is especially true for third-country nationals. The aim of the study is to examine the extent to which the current legal regulation complies with European standards and to what extent it answers the questions raised based on a practical legal case.
Methodology: The study examines the practical problems of criminal and immigration law enforcement procedures through the presentation of a legal case. After the presentation of the legal case, it reviews the directives formulated in the European Union legislation, and then draws conclusions from them, mainly (due to the nature of the topic) by comparing the positions of the Hungarian literature.
Findings: As a result of the research, it can be concluded that certain issues cannot be resolved under the current domestic regulations, because they either conflict with the rules of criminal procedure (or the Fundamental Law) or do not comply with the provisions of the immigration law.
Value: The study de lege ferenda intends to provide answers to a number of questions that arise, including how to resolve the appropriate communication between the criminal procedural and immigration enforcement agencies, and whether the state's interest in enforcing the criminal law claim or fulfilling the deportation obligation enjoys primacy.