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Crime and Criminal Law in European and International Context

Class at Faculty of Law |
HSSC4

Syllabus

Outline of the Course

History of Czech Criminal Law

Key Terms of Criminology

Psychology and Crime

Schools of Thought in Criminology

Czech Criminal Substantive Law I.

Mens Rea

Czech Criminal Substantive Law II.  

Czech Criminal Procedure 

Electronic Evidence in Criminal Proceedings

Cybercrime

Course Goals:

Students should be able to orientate themselves in the basic institutes of Czech criminal law. They should understand its roots and context. They should be able to think about some criminal law problems not only from the perspective of a specific legal regulation, but in general, i.e. to reflect on the reasoning behind the legal regulation.

Reading List

Chapter 1:No readingsChapter 2:POMORSKI S.: Communists and their Criminal Law Revisited, 1989, HAVEL V.: Kicking the Door, 26 NY Review of Books Number 4, 1979Chapter 3: COULLOUDON V.: Crime and Corruption after Communism. The Criminalization of Russia’s Political Elite, East Eur. Constitutional Rev., 1997 MUNGIU-PIPPIDI A.: Crime and Corruption after Communism. Breaking Free at Last: Tales of Corruption from the Postcommunist Balkans, East Eur. Const. Rev., 1997Chapter 4: LANGER M.: From Legal Transplants To Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis in Criminal Procedure, PIZZI William T., MONTAGNA Mariangela: The Battle to Establish an Adversarial Trial System in Italy, excerpts, 2004Chapter 5: DAMASKA M.: Presentation of Evidence and Fact finding Precision, 1975, DIEHM J.: The Introduction of Jury Trials and Adversarial Elements into the Former Soviet Union and Other Inquisitorial Countries, 2001, Optional: REICHEL P. L.: Comparative Criminal Justice Systems 254-273, 2005Chapter 6: LANGER M.: From Legal Transplants To Legal Translations: The Globalization of Plea Bargaining and the Americanization Thesis in Criminal Procedure, excerpts, Optional: PIZZI William T., MONTAGNA Mariangela: The Battle to Establish an Adversarial Trial System in Italy, excerpts, 2004Chapter 8: European Commission Papers: Reactions to the Presentation of the Broad Outline of European Union Security Policy, SANCHEZ W.: Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the Surrender Procedures between Member States, ALEGRE S., LEAF M.: Mutual Recognition in European Judicial Cooperation: A Step Too Far Too Soon? Case Study - the European Arrest Warrant, 10 European Law Journal 200, 2004 Is the EU Unconstitutional? The German Federal Constitutional Court Decision on the EAW (Press Release)Chapter 10: SCHULHOFER S. J.: The Feminist Challenge in Criminal Law. University of Pennsylvania Law Review, vol. 143, 2151, 1995

Annotation

Annotation:

The aim of the course is to introduce students to selected problems of (not only) Czech criminal law and criminology, seeking their solutions in the European and international context. The course focuses, for example, on problems such as cybercrime or electronic evidence.