HUN-1995-3-009

a) Hungary / b) Constitutional Court / c)  / d) 15-09-1995 / e) 58/1995 / f)  / g) Magyar Közlöny (Official Gazette), 76/1995 / h) .

Keywords of the Systematic Thesaurus:

02.01.01.04.08

Sources - Categories - Written rules - International instruments - International Covenant on Civil and Political Rights of 1966.

02.03.02

Sources - Techniques of review - Concept of constitutionality dependent on a specified interpretation.

03.17

General Principles - Weighing of interests.

05.03.13.09

Fundamental Rights - Civil and political rights - Procedural safeguards, rights of the defence and fair trial - Public hearings.

05.03.31

Fundamental Rights - Civil and political rights - Right to respect for one's honour and reputation.

Keywords of the alphabetical index:

Criminal procedure.

Headnotes:

The main rule in criminal procedure is that hearings are public. In individual cases, the judge may with regard to morals and to regulations of international human rights covenants, consider the measures to be taken for the protection of the privacy of the accused person.

Summary:

The Code of criminal procedure makes possible the exclusion of the public from the courtroom in the interest of juveniles, and in order to protect morals. According to the applicant, the public presentation of the medical statement on the mental state of the accused violated her right to privacy.

The Constitutional Court did not find unconstitutional the respective rules of the Code of criminal procedure, but set a constitutional requirement that they must be interpreted in accordance with constitutional principles and with the more detailed provisions of the International Covenant on Civil and Political Rights. Article 14 of the International Covenant on Civil and Political Rights makes possible the exclusion of the press and of the public from all or part of a trial when the interests of the parties with regard to their private lives so require.

Languages:

Hungarian.