Study:	Law - 5. semester
Code:	36585
ECTS:	8.0
Course coordinators:	prof. dr. sc. Zlata Đurđević prof. dr. sc. Elizabeta Ivičević Karas izv. prof. dr. sc. Marin Bonačić izv. prof. dr. sc. Zoran Burić
Exam dates:	11. 09. 2024. Exam registration: Studomat

Literature:

Davor Krapac i suradnici; NOVO! Kazneno procesno pravo, Institucije, knjiga I., VIII. izmijenjeno i dopunjeno izdanje; Narodne novine (2020), str Zlata Đurđević, Stjepan Gluščić (ur.), Marin Bonačić, Zoran Burić, Elizabeta Ivičević Karas, Ivo Josipović, Hajrija Novoselec; NOVO! Kazneno procesno pravo, Primjerovnik, VII. izmijenjeno i dopunjeno izdanje; Narodne novine (2020), str Zakon o kaznenom postupku (NN br. 152/2008, 76/2009, 80/2011, 91/2012, 143/2012, 56/2013, 145/2013, 152/2014, 70/2017, 126/2019, 126/2019) i drugi izvori kaznenog procesnog prava; , str

Description:

The concept of the criminal process and the concept of criminal procedure. Sources of criminal procedure. Principles of criminal procedure. Historical types of the criminal process. Basic subjects of the criminal process and their legal representatives. Procedural acts. Judicial decisions in the criminal process. Facts and their establishment in the criminal process. Course of the regular criminal process. Proceedings against minors. Organized crime proceedings. Criminal proceedings against legal persons. Special proceedings.

Cognitive Skills:

After successfully completing the course, students will be able to:

- define main concepts of criminal procedural law and understand basic principles of criminal procedural law;

- describe main historical types of criminal procedure, their basic features and applicable principles;

- indicate breaking and turning points in the historical development of criminal procedural law;

- identify principal and subsidiary subjects in criminal procedure and explain their procedural position and role;

- describe the course of criminal procedure with clear classification of individual stages of procedure;

- group the measures of procedural enforcement and understanding their effect on fundamental rights and freedoms of the invidual;

- explain the influence of the Constitutional Court of the Republic of Croatia's decisions for the development of Croatian criminal procedural law;

- recognise types of facts that are determined in criminal procedure and understand maners in which they are determined

- use and appropriately interpret principal and subsidiary sources of criminal procedural law;

- prepare a criminal charge;

- prepare the decision about detention;

- prepare an indictment;

- prepare a court ruling;

- prepare an appeal against the decision;

- analyse provisions of Criminal Procedure Act;

- resolve cases from court practice by the application of relevant legislation;

- connect the position of persons in detention and the application of basic principles of criminal procedural law;

- examine and critically evaluate the influence of the Constitutional Court of the Republic of Croatia's decisions on the reform of domestic system of criminal justice;

- formulate conclusions about the significance of the European Court of Human Rights' decisions in criminal cases against the Republic of Croatia and the Constitutional Court of the Republic of Croatia for the development of national criminal procedural law

- indicate main directions of the development and reform of national criminal procedural law;

- design a protocol of the preparation of written seminar paper and oral presentation on one of selected topics from the area of history of criminal procedural law, current criminal procedural law institutes, international criminal law or international law of human rights

- discuss main conflicting trends in criminal procedural law - trend of ensuring efficient criminal prosecution and the trend of protecting rights and freedoms of an individual in criminal procedure - and recognise their implications in concrete legislative solutions;

- assess whether and to what extent are existing legislative solutions applicable in practice;

- recommend a change of individual criminal procedural law provisions in order to adjust them to the Constitution of the Republic of Croatia;

- conclude about the importance of the decisions of the Constitutional Court of the Republic of Croatia for the development of Croatian criminal procedural law;

- estimate the quality and sustainability of the normative framework that regulates actions of participants and parties in criminal procedure from the aspect of the need to balance conflicting trends in criminal procedural law.

 

Practical and Generic Skills:

After successfullly mastering the course, students will be able to:

- publicly present learning outcomes;

- express themselves in a clear and structured manner while explaining their standpoints;

- demonstrate the manner of evidential procedure related to first examination of the suspect;

- develop communication skills;

- participate in team work.

Matching Assessments to Learning Outcomes:

For testing learning outcomes connected with knowledge and understanding:

- written examination in two parts - in the first part students answer to 14 questions of an essay type, at which their knowledge and understanding of the entire subject matter is tested;

- oral examination

- interaction between the teacher and students during lectures during which students are encouraged to participate in class by posing questions and through discussions

For testing learning outcomes connected with analysis:

- wriiten examination - the second part requires the student to solve 3 problem tasks by the application of relevant provisions of principal and subsidiary criminal law legislation to hypothetical cases

For testing learning outcomes connected with practical and generic skills:

- oral examination

Consultations schedule:

• izv. prof. dr. sc. Marin Bonačić:

  Due to sabbatical, in academic year 2023/24 consultations will not be held.

  Location: Tkalčićeva 48-50, room 1
• izv. prof. dr. sc. Zoran Burić:

  Thursdays from 2 p. m.

  Location: Gundulićeva 10, room 21