BEYOND THE NORM: SPECIAL TREATMENT OF CHILDREN AND THE REALITIES OF THE HUNGARIAN CRIMINAL JUSTICE SYSTEM

Abstract

The Hungarian criminal procedure law, which came into force in 2018 (Act XC of 2017), ambitiously restructured the procedural situation of children and vulnerable individuals by consolidating previously fragmented regulatory norms into the unified legal institution of "special treatment" (különleges bánásmód). This theoretical and socio-legal study examines the multi-level regulatory framework of child protection within the Hungarian criminal justice system, focusing on the intersection of domestic procedural codes, international child-friendly justice standards, and everyday law enforcement practices. By analyzing the structural transition from victimological concepts to procedural rights, the paper highlights the persistent gap between normative ideals and practical implementation. The findings indicate that while significant infrastructural advancements have been achieved—such as the widespread deployment of audiovisual recording facilities—the heavy reliance on the discretionary judgment of investigating authorities often limits the consistent application of child-protective measures. The study concludes that achieving a genuinely child-centred justice system requires moving beyond discretionary options by introducing mandatory, targeted training for law enforcement professionals, enhancing prosecutorial oversight, and establishing strict procedural consequences (such as exclusionary rules) for the failure to apply necessary protective measures.