After Kaposvár and Székesfehérvár, the Central District Court of Pest also suspended the misdemeanour procedure in front of it and turned to the Constitutional Court. In the order, the court initiated the retrospective annulment of the statute of punishment for habitual dwelling in public places.
The court explained in detail why the statutory provision is contrary to the Fundamental Law. In the view of the court, the legislation hampers the provision of the Fundamental Law which states that Hungary is an independent democratic state of law. It also breaches the right to respect for fundamental rights, the right to human dignity, the right to free movement and the free choice of place of residence, and it interferes with the International Covenant on Civil and Political Rights.
The order emphasizes, inter alia, that it violates the requirement of legal certainty that the interval between the three warnings within 90 days, which is a condition for detention, is not regulated, so that the three warnings may be collected within a few hours. It also emphasizes that it does not comply with the principle of equality before the law that no offense or fines can be imposed on persons who are residing in public places.
Our client was brought before the court on 19 October from the Móricz Zsigmond square because he had been warned three times before. The trial was terminated by the court, because there were no conditions for the accelerated procedure, missing the necessary documents to keep the hearing.
The Streetlawyer welcomes the decision of the Central District Court of Pest and we hope that the Constitutional Court will annul the legislation prohibiting the habitual dwelling in public places. The appeal of Streetlawyer, in which we asked the Commissioner for Fundamental Rights to turn to the Constitutional Court, can be found here.
Photo: Tamás Thaler
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