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Lecturer(s)
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Kepka Ondřej, doc. JUDr. Ph.D.
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Šípek Kapitánka, JUDr. Ph.D.
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Jäger Petr, prof. JUDr. CSc.
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Trčka Luboš, JUDr.
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Braha Zdeněk, doc. JUDr. Ph.D., LL.M.
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Dráb Jiří, doc. JUDr. Ph.D.
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Kraus Jan, JUDr. Bc.
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Chott Jakub, JUDr.
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Course content
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1. The concept of criminal procedure law and its position in the legal order of the Czech Republic; legal sources of criminal procedure law; operation scope and interpretation of Criminal Procedur Code 2. Concept, subject and course of criminal proceedings; actions of criminal proceedings; pre-judicial questions 3. Basic principles of criminal procedure 4. Subjects and sides of criminal proceedings; criminal proceedings authorities; helping persons 5. Accused and his/her barrister 6. Injured person (victim); participating person 7. Assuring of persons in criminal proceedings - writ of summons, bringing of an accused or of a witness, detaining of a suspect and of an accused, custody in general 8. Custody and custodial proceedings 9. Assuring of things and other property values; body and hous search, search of other spaces and estates, keep and opening of parcels, their change and monitoring; wiretapping 10. Evidence in criminal proceedings 11. Interrogation of an accused and of a witness; expert´s evidence; corpus delicti; documents; examination; special kinds of evidence 12. Decisions in criminal proceedings; judgement, resolution, criminal order, decision sui generis 13. Stages of criminal proceedings
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Learning activities and teaching methods
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Lecture, Seminar
- Preparation for comprehensive test (10-40)
- 37 hours per semester
- Contact hours
- 52 hours per semester
- Preparation for formative assessments (2-20)
- 15 hours per semester
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| prerequisite |
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| Knowledge |
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| Good knowledge of (material) criminal law. Knowledge of subjects TR1 and TR2. |
| To control the basics of criminal liability in the scope of textbook criminal law material, general part. |
| Skills |
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| to apply basic criminal responsibility in practice, ie to prosecute a criminal offense and to modify it |
| to legally qualify the act |
| including questions of the extinction of punishment and punishment |
| to judge and to apply the cases of legal error, synergy and aggression |
| to assess the circumstances excluding illegality and to apply them in practice |
| orientation in the system of penalties and protective measures and conditions of their deposition, etc. |
| knows the system of TPH, can characterize SPTČ specially. TrZ |
| Competences |
|---|
| N/A |
| To apply the acquired knowledge of TPH in practical examples, to orientate in the system of law and basic theoretical foundations of law, to prove the relation analysis of TPH institutes to the constitutional principles established by the Constitution, LPS in the context of international documents. |
| learning outcomes |
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| Knowledge |
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| master basic principles and terminology of criminal procedure law and gain deeper knowledge of criminal procedural institutes concerning actions in criminal proceedings and subjects of criminal proceedings |
| gain knowledge of problems of evidence in criminal procedure and apprehend a course of criminal procedure in its constitual outlines and the importance of its partial stages |
| Skills |
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| orientate themselves in criminal process institutions to ensure people and things, including the definition of their conditions and limits |
| to solve model examples |
| Competences |
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| N/A |
| N/A |
| To be subject to criminal law norms, in particular the Criminal Code, Criminal Procedure Code, the Criminal Law of Youth and the Criminal Liability Act, as well as the related legal norms directly related to criminal law and its application capabilities. Be able to apply the general issues of criminal proceedings on the practical level to the extent of required professional skills. |
| teaching methods |
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| Knowledge |
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| Lecture |
| Seminar |
| Familiarize with the basic principles of criminal proceedings pursuant to § 2 of the Criminal Procedure Code, including the fundamental requirement of the right to a fair trial, clarify and characterize the individual ACTU, their competence and competence in criminal proceedings, interpret them in the form of lectures and discussions with the theoretical principles of criminal procedural law. Questions of the subject and parties of the criminal proceedings, their detailed description, the extent of their criminal proceedings and the affair, the breakdown and characterization of the requirements of the rules and practice of evidence, the form of evidence, the individual evidence and the types of evidence in the criminal proceedings, the familiarity with the remedial actions , The conditions of their application to individual PWD, legal acts in criminal proceedings. |
| Skills |
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| To familiarize with the ways of application and application of the presented professional knowledge in practice, to enliven individual skills on practical or artificially created examples |
| Lecture |
| Seminar |
| Competences |
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| Familiarize students with the conditions of conducting criminal proceedings, relations with other legal branches, learn to apply individual evidence and procedures in criminal proceedings in the context of other legal standards, especially in the context of criminal procedural principles and constitutional principles. To lead to autonomy in decision-making and application of individual institutes of criminal proceedings. To be able to apply procedures in criminal proceedings against juveniles and legal entities, to orient themselves in the procedures of international relations with foreigners. |
| Lecture |
| Seminar |
| assessment methods |
|---|
| Knowledge |
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| Test |
| Skills demonstration during practicum |
| To prove the knowledge of the basic principles of criminal proceedings, basic theoretical institutes of the TPP, the judicial system of the Czech Republic, to be able to identify in the first instance and the relevance of the criminal proceedings, to characterize the bodies and strands of the criminal proceedings and their rights and obligations in tr. Management, characterization of basic acts of criminal proceedings, remedial actions and their conditions of application, knowledge of basic procedures in evidence, scope and forms of evidence, evidence, facts and their relationship, forms of decision and their content. To get acquainted with the peculiarities of criminal proceedings against juveniles and legal entities |
| Skills |
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| The ability to clarify the basic principles governing criminal proceedings, both from the point of view of the Czech legal system (§ 2 of TR) and the international legal regulations (especially the principle of the right to a fair trial), to assess the system of bodies involved in criminal proceedings, their powers and mutual relations, To work with concepts and their content (subject, party of proceedings), to postpone them in criminal proceedings, to evaluate the issues of competence and authority of the CAA, to know the limits and methods of evidence, the means of proof and the evidence and their relationship, to characterize and to apply remedial actions and conditions Their use, characterizing the various forms of decision, their chraktreristics content and the right of the BCAA to their application. |
| Test |
| Skills demonstration during practicum |
| Competences |
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| To assess in the oral examination the student's ability to become a person in criminal law, especially in the Criminal Code, Criminal Procedure Code, the Criminal Law of Juvenile and Criminal Liability Act, as well as in related legal norms directly related to criminal law and its application Ability. Be able to apply the general issues of criminal proceedings on the practical level to the extent of required professional skills. |
| Test |
| Skills demonstration during practicum |
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Recommended literature
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Fenyk, Císařová, Gřivna a kolektiv. Trestní právo procesní - 6. vydání. Wolters Kluwer, Praha, 2015. ISBN 978-80-7478-750-8.
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Chmelík, Jan. Trestní řízení. Plzeň : Vydavatelství a nakladatelství Aleš Čeněk, 2014. ISBN 978-80-7380-488-6.
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Jelínek J. a kol. Trestní právo procesní 4. vydání. Leges, Praha, 2016. ISBN 978-80-7502-160-1.
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kolektiv autorů. Trestní právo, Soubor zákonů. Plzeň, Aleš Čeněk, 2017. ISBN 978-80-7380-676-7.
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Novotný F. a kol. Trestní právo procesní, 2. vydání. Aleš Čeněk, Plzeň, 2017. ISBN 978-80-7380-677-4.
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P. Šámal a kol. Trestní řád 7. vydání. C.H. Beck, Praha, 2013. ISBN 978-80-7400-465-0.
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Šámal, Musil, Kuchta a kol. Trestní právo procesní 4. vydání. C.H. Beck, Praha, 2013. ISBN 978-80-7400-496-4.
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