Study:	Criminal Law - 10. semester
Code:	61282
ECTS:	4.0
Course coordinators:	prof. dr. sc. Elizabeta Ivičević Karas
Lecturers:	izv. prof. dr. sc. Marin Bonačić - Lectures izv. prof. dr. sc. Zoran Burić - Lectures prof. dr. sc. Zlata Đurđević - Lectures

Literature:

Zakon o izvršavanju kazne zatvora, Nar. nov. 128/99, 55/00, 59/00, 129/00, 59/01, 67/01, 11/02, 190/03, 76/07, 27/08, 83/09, 18/11, 48/11, 125/11, 56/13, 150/13.; , str Predavanja koja budu objavljena na web stranici Katedre za kazneno procesno pravo (pod izbornikom Penitencijarno pravo); , str Elizabeta Ivičević Karas; Penitencijarno pravo; Narodne novine (2016), str. 122

Optional literature:

Davor Krapac, Zlata Đurđević, Elizabeta Ivičević Karas, Marin Bonačić, Zoran Burić; Presude Europskog suda za ljudska prava protiv Republike Hrvatske u kaznenim predmetima (odabrana poglavlja - penitencijarni predmeti); Pravni fakultet Sveučilišta u Zagrebu (2013), str. 234 Marija Pleić; Međunarodni instrumenti zaštite prava zatvorenika i nadzora nad sustavom izvršenja kazne zatvora,; (2010), str. 24

Description:

Custodial sanctions in the criminal sanction system. Custodial penalty and the evolution of its understanding through historical development. Basic principles of custodial sentence. Custodial sentence in Croatia. Legal sources: Custodial Penalty Act, sub-Acts, international regulations and standards. Bodies for realisation of custodial penalty: structure and types, authority, professional staff and their authorities and duties, judge. Prisoner and the protection of his rights. Course of prison term. Imprisonment, deferred imprisonment, admittance to prison and their classification. Work, employment and education of prisoners. Life in prison: personal rights and accommodation of prisoners, health protection in prison. Relations to the outside world: correspondence, telephone conversations, packages, money, visits. Benefits and deciding on them. Order and security in prison. General and special maintenance of order and security, application of coercive measures and the principle of reciprocity, breaches of discipline and disciplinary proceedings. Changes in prison term. Changes due to the application of parole. Transfer of prisoners. Mechanisms for supervising the execution of custodial sentence and protecting the rights of prisoners.

Cognitive Skills:

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

- define basic concepts of penitentiary law;

- name and describe basic historical models of executing the sentence of imprisonment;

- describe the organisation, authority and scope of bodies in charge for executing the custodial sentence;

- describe the course of prison term;

- explain basic principles of custodial sentence;

- explain the functioning of international and national mechanisms of control over custodial sentence;

- explain the functioning of the system of legal portection of the rights of prisoners;

- discuss topics from penitentiary law using professional terminology;

- apply provisions of penitentiary legislation and sub-acts;

- interpret provisions of penitentiary legislation;

- illustrate the process of applying international standards of treatment of prisoners through the decisions of the Constitutional Court of the Republic of Croatia and European Court of Human Rights in penitential cases against the Republic of Croatia;

- categorise international law and internal sources of penitentiary law regarding their contents and effects;

- analyse provisions of penitentiary legislation;

- connect individual standards of treatment of prisoners with respect for human rights and fundamental freedoms;

- distinguish and compare main mechanisms of control over custodial sentence;

- formulate conclusions about the significance of the decisions of the Constitutional Court of the Republic of Croatia and their implementation for the development of internal penitential law;

- formulate conclusions about the significance of the decision of the European Court of Human Rights in penitentiary cases against the Republic of Croatia for internal penitentiary law;

- propose changes in penitentiary legislation and practice;

- evaluate the level of implementation of international law standards of treatment of prisoners in Croatian legislation and penitentiary practice;

- estimate the efficiency of mechanisms of administrative, judicial and parliamentary protection of the rights of prisoners;

- recommend changes of individual legal provisions in order to harmonise them with international law standards of treatment of prisoners;

- conclude about the importance of the efficiency of domestic mechanisms of control over the custodial sentence.

 

 

Practical and Generic Skills:

After successfully completing the course, students will be able to understand basic determinations of internal penitentiary law system and compare them with basic international law standards of treatment of prisoners. They will be able to recognise that persons serving a sentence represent a particularly vulnerable groups of citizens in terms of risks for violation of their human rights and fundamental freedoms, and to understand the importance of efficient mechanisms for the protection of the rights of prisoners. Through learning, the students will be trained to clearly express their standpoints, based on well structured arguments in oral and written forms.

Matching Assessments to Learning Outcomes:

Written examinations consists of five tasks, each of which contains one to three questions about a certain topic from the subjectmatter to be examined, and the student has to answer them in the form of an essay. The ability of the student to define basic concepts and principles of penitential law, and to describe the organisation, authority and scope of bodies for the realisation of custodial sentence is assessed. The ability of the student to describe the course of custodial sentence and functioning of the mechanism of control of custodial sentence realisation and the system of legal protection of the rights of prisoners is also assessed.

 

In the oral part of examination, the student's ability to analyse individual institutes of penitentiary law or legal provision, and to indicate legal rules or practice contrary to international law standards of treatment of prisoners, and to propose their change is assessed. The student's ability to interpret individual legal rules and apply them in resolving hypothetical problematic situation is also assessed.

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