Interconnections of aliens policing and criminal procedures, practical problems

Abstract

With the choice of topic for this paper the authors undertake to parallel the coercive measures of aliens policing procedure (i.e. the evaluation of migration-related violations) with the criminal procedure, thus enlightening their relations and most important interconnections. The authors of this paper are not criminal jurists but professionals of the enforcement authorities, so it is inspired by practical experiences as such. Based on that, several new standpoints are presented, like the recognition, that a closer co-operation of criminal- and aliens policing procedures are desirable because of their numerous interconnections: the parallel, iterative development of legislation and enforcement practice could significantly enhance the efficiency of the course of proceedings. It is the authors’ conviction, that the punishment against foreigners can only ensure its primary aim, the protection of the society, if it allows the earliest possible removal of foreigners from the area of Hungary. Within the given limits the interconnections of the two professional fields are presented, not touching for example upon the topics of the practice of escort, fulfilling the obligation of denunciation, the maturity of retrial, and the ensuring of international travel restrictions. Its important to note that whereas the two fields have different goals, the tools they utilize are similar, so the areas are entwined but still independent. The questions raised in this paper conclude that the continuous customization of law is a must and so the general principle, that the changes of law follow the actual changes of circumstances, is valid in this case too. Because of the instant changes of migration trends, our legal system is forced to give quicker reactions and must be able to respond by the separation of scopes of authority. Based on its practical approach, the most expected result of this paper is the encouragement of professional debate, which could consolidate the coordination of the regulation and operation in the analysed areas, in direction to a unified best practice and increasing legal security for both the foreigners and law enforcement authorities as a result.