Criminal Procedure and Courts


Criminal Procedure and Courts

The aim:
1. The student acquires knowledge of the basic assumptions, axiology and course of criminal proceedings.
2. The student acquires knowledge about the impact of different legal cultures on the model of the criminal process and the ability to assess these conditions.
3. The student acquires knowledge regarding the social determinants of the regulation of the criminal process and the impact on its practical functioning.

Acquired knowledge:
1. The student has knowledge about the role of criminal proceedings authorities.
2. The student has knowledge of the model and assumptions of criminal proceedings from a European and comparative law perspective.
3. The student has knowledge and understands the social conditions of criminal procedure regulations.

Acquired skills:
1. The student knows and understands terminology in the field of criminal procedural law, including bodies and institutions combating and prosecuting crime.
2. The student is able to interpret criminal procedural regulations and apply them to hypothetical practical situations.
3. The student can comment on key issues related to the criminal process and evaluate them.

Acquired social skills:
1. The student understands the procedural roles and opinions of criminal proceedings authorities.
2. The student is able to discuss and cooperate in solving problems related to criminal proceedings.

Course contents
1. Introduction to the Course. An Overview of Criminal Law, Criminal Procedure, Evidence Law. Terminology and Different Approaches.
2. Introduction to Comparative Law.
3. History of Criminal Law and Procedure. Roots of common and civil law systems. Sources of criminal procedure.
4. Principles and objectives of Criminal Procedure. Criminal Justice Systems around the world. Phases of criminal process: overview.
5. European System of Protection of Human Rights. European Convention on Human Rights and European Court of Human Rights.
6. Investigation I. Police and public prosecutor. Relationship and balance of power between the Police and public prosecutor. Investigative judge (judge d’instruction).
7. Investigation II. Coercive measures. Right to Privacy. Right to Liberty. Right to Property. Interrogations.
8. Trial I. Trial. The role of the court (judge) in a trial. Jury trials.
9. Trial II. Evidence. Illegally obtained evidence. Expert witness.
10. Trial III. Access to file. Disclosure and discovery. Judgment and sentencing. Appeals.
11. Negotiated Justice. Out-of-court settlements. Plea bargaining.
12. Rights of the defendant. Notion of suspect and accused. Defence lawyer and the Bar.
13. Role of the victim in criminal proceedings.

Recommended reading: 
1. The Oxford Handbook of Criminal Process, Darryl K. Brown, Jenia Iontcheva Turner, Bettina Weisser , Oxford UP. Oxford 2019.

Projekt "Zintegrowany Program Rozwoju Uniwersytetu Wrocławskiego 2018-2022" współfinansowany ze środków Unii Europejskiej z Europejskiego Funduszu Społecznego

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