Cje Karolina Kremens, LL.M., Ph.D. Wojciech Jasiński, Ph.D. Department of Criminal Procedure Faculty of Law, Administration and Economics University of.

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Presentation transcript:

Cje Karolina Kremens, LL.M., Ph.D. Wojciech Jasiński, Ph.D. Department of Criminal Procedure Faculty of Law, Administration and Economics University of Wrocław Lecture I INTRODUCTION TO THE COURSE Criminal Law I

Lecture I INTRODUCTION TO THE COURSE LECTURERS Dr Karolina Kremens, LL.M. room 201 (building A) office hours: Wednesday 9:30-11:30 office hours during weekends October 19th (Sunday) – 11:15-12:15 November 8th (Saturday) – 13:45-14:45 January 11th (Sunday) – 17:45-18:45 January 17th (Saturday) – 9:30-10:30

Lecture I INTRODUCTION TO THE COURSE LECTURERS Dr Wojciech Jasiński room 201 (building A) office hours: Thursday 11:15-13:15 (even weeks) Thursday 15:00-17:00 (odd weeks) unavailable through October

Lecture I INTRODUCTION TO THE COURSE DEPARTMENT OF CRIMINAL PROCEDURE Professor Jerzy Skorupka Wojciech Jasiński, Ph.D. Dagmara Gruszecka, Ph.D. Karolina Kremens, LL.M., Ph.D. Krzysztof Nowicki, Ph.D. PhD students

Lecture I INTRODUCTION TO THE COURSE DEPARTMENT OF CRIMINAL PROCEDURE lecture on plea bargaining in comparative perspective – November 19th 2014 seminar on illegally obtained evidence – November 20th 2014 III Wrocławskie Seminarium Karnoprocesowe (Wrocław Seminar on Criminal Procedure) – in Polish additional lectures Faculty web page – prawo.uni.wroc.pl

Lecture I INTRODUCTION TO THE COURSE COURSE OBJECTIVES 1.To provide basic knowledge concerning principles of criminal law. 2.To provide basic knowledge concerning elements of an offence, principles of criminal liability and penalties from a comparative perspective. 3.To provide basic knowledge concerning criminal justice system in Poland and worldwide. 4.To provide basic knowledge with regard to the criminal procedure in comparative perspective.

Lecture I INTRODUCTION TO THE COURSE COURSE OBJECTIVES The course is aimed at analysis and comparison of criminal law and criminal procedure as they work in national systems with a notable accent made on the Polish legal system. The differences between common law system and civil law system cannot be overestimated especially in criminal procedure.

Lecture I INTRODUCTION TO THE COURSE COURSE OBJECTIVES source: Faculty of Civil Law (UOttawa) webpage

Lecture I INTRODUCTION TO THE COURSE BOOKS AND MATERIALS GENERAL READING The Criminal Code, CH Beck 2012 The Code of Criminal Procedure, CH Beck 2014 W. Dajczak, A. Szwarc, P. Wiliński (eds.), Handbook of Polish Law, Wydawnictwo Szkolne PWN materials provided by lecturers power point – our pages on faculty website reading - copy place, building A, 2nd floor (for classes)

Lecture I INTRODUCTION TO THE COURSE BOOKS AND MATERIALS LECTURERS’ PAGES ON FACULTY WEBSITE dr Jasiński dr Kremens see „materiały dydaktyczne” on the bottom of the page

Lecture I INTRODUCTION TO THE COURSE BOOKS AND MATERIALS CRIMINAL LAW The Criminal Code, CH Beck 2012 A.P. Simester, J.R. Spencer, G.R. Sullivan, G.J. Vigo, Simester and Sullivan’s Criminal Law. Theory and Doctrine, Hart D. Omerod, Smith and Hogan’s Criminal Law, Oxford University Press 2011 (in library). A. Ashworth, Principles of Criminal Law, Oxford University Press 2009.

Lecture I INTRODUCTION TO THE COURSE BOOKS AND MATERIALS CRIMINAL PROCEDURE The Code of Criminal Procedure, CH Beck M. Delmas-Marty, J.R. Spencer (eds.), European Criminal Procedures, Cambridge University Press R. Vogler, B. Huber (eds.), Criminal Procedure in Europe, Max Planck Institut C.M. Bradley (ed.), Criminal Procedure: A Worldwide Study, Carolina Academic Press 2007.

Lecture I INTRODUCTION TO THE COURSE METHOD OF INSTRUCTION LECTURES (20 hours in Semester – 10 lectures) topic presentation by lecturer (questions are nevertheless welcomed) CLASSES (30 hours in Semester – 15 classes) topic presentation by lecturer in class discussions students’ presentations

Lecture I INTRODUCTION TO THE COURSE CLASSES - evaluation grading: active class participation (in class discussion) – five most active students will receive raised grade (0,5 grade) material covered during class prepared beforehand available in a copy place (Buidling A 2nd floor) I Semester – small exam (form of final exam) – January 2015 II Semester – group presentation (2 students per one subject: groups of crimes, i.e. offences against life and health, offences against property etc.)

Lecture I INTRODUCTION TO THE COURSE STUDENTS’ PRESENTATIONS each group of two students should prepare 1 presentation on given topic regarding particular type of crime list of topics at the end of this slideshow! presentations will be given orally in class and subsequently will be send via to the lecturer; in exceptional situations they might be send only by ; each presentation should take about 60 minutes

Lecture I INTRODUCTION TO THE COURSE CLASS PARTICIPATION the course is interactive comprehensive preparation and active and meaningful participation are expected students are expected to read all assigned materials and voluntarily and meaningfully engage in class discussions students will be evaluated on the quality of their involvement

Lecture I INTRODUCTION TO THE COURSE EXAM at the end of the school year (June 2015) material covered during lectures and classes written form (90 minutes) two parts: I Part: THEORY definitions, true or false, match in pairs, test (6-8 multiple choice questions), two open questions II Part: CASE STUDY (open book part) sample of exam from other course – shortly available in a copy place (2nd floor building A)

Lecture I INTRODUCTION TO THE COURSE EXAM Grading scale: – 5 (A) – 4+ (B) – 4 (C) – 3+ (D) – 3 (E) 0-50 – 2 (F)

Lecture I INTRODUCTION TO THE COURSE RULES – cheating and plagiarism Students follow an academic course of study and need to learn to work independently, in groups, to collect information carefully and to solve problems. Students need to prepare for exam conscientiously. Cheating in examinations and while preparing assignments is prohibitted and anyone who cheats is breaking university rules and will face consequences. See Zarządzenie Dziekana nr 1/2010 Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego z dnia 29 stycznia 201 r. w sprawie przeprowadzania egzaminów (zaliczania ćwiczeń).

Lecture I INTRODUCTION TO THE COURSE SCOPE OF THE COURSE – lectures in Fall 1.Introduction to the course – TODAY 2.Introduction to comparative law. 3.Legal Families of the World. 4.History of Criminal Law and Procedure 5.Principle and objectives of criminal law I

Lecture I INTRODUCTION TO THE COURSE SCOPE OF THE COURSE – lectures in Fall 6.Principle and objectives of criminal law II 7.Inchoate offences 8.Notion and objectives of penalty 9.Penalties 10.Probation measures

Lecture I INTRODUCTION TO THE COURSE SCOPE OF THE COURSE – classes in Fall 1.Binding force of criminal-legal provisions. Universal jurisdiction principle. Part I 2.Binding force of criminal-legal provisions. Universal jurisdiction principle. Part II 3.Notion and structure of an offence I 4.Notion and structure of an offence I 5.Defences I

Lecture I INTRODUCTION TO THE COURSE SCOPE OF THE COURSE – classes in Fall 6.Defences II 7.Defences III 8.Punitive measures I 9.Punitive measures II 10.Preventive measures

Lecture I INTRODUCTION TO THE COURSE SCOPE OF THE COURSE – classes in Fall 11.Statute of limitations, erasure of criminal record, amnesty, aboloition 12.Principles of sentencing 13.Preparation for small exam 14.Small exam 15.Overview of results of small exam

Lecture I INTRODUCTION TO THE COURSE SCOPE OF THE COURSE – lectures in Spring 1.Comparative criminal procedure 2.Notion of criminal procedure, history of criminal procedure, sources of criminal procedure 3.Principles and objectives of criminal procedure 4.Role of the court in criminal procedure 5.Role of the prosecutor in criminal procedure; division of powers during investigation

Lecture I INTRODUCTION TO THE COURSE SCOPE OF THE COURSE – lectures in Spring 6.Evidence Law I 7.Evidence Law II 8.The protection of suspect and accused in Polish, European and International law 9.Victim in criminal proceedings 10.Negotiated justice

Lecture I INTRODUCTION TO THE COURSE SCOPE OF THE COURSE – classes in Spring 1.Offences against life and health I 2.Offences against life and health II 3.International crimes I 4.International crimes II 5.Offences against property I

Lecture I INTRODUCTION TO THE COURSE SCOPE OF THE COURSE – classes in Spring 6.Offences against property II 7.Sexual offences I 8.Sexual offences II 9.Sexual offences III 10.White-collar crimes I

Lecture I INTRODUCTION TO THE COURSE SCOPE OF THE COURSE – classes in Spring 11.White-collar crimes II 12.Offences against public order 13.Road traffic offences 14.Corporate criminal liability 15.Strict liability offences

Lecture I INTRODUCTION TO THE COURSE QUESTIONS Never hesitate to ask!