Advanced Criminal Procedure
Volledige vakbeschrijving
The course focuses on advanced topics of criminal procedure from a human rights perspective. Major topics of criminal procedure are discussed through the study of jurisprudence of the European Court of Human Rights: torture, inhuman and degrading treatment and violent police conduct; the right to liberty in relation to arrest and pre-trial detention; the application of presumption of innocence during and after criminal proceedings; the right to fair trial and cross-examination; the right to appeal; the right to privacy in relation to investigative measures. The course has also a practice-oriented element, i.e. the procedure before the European Court of Human Rights and how an application to the Court can be drafted.
Doelstellingen van dit vak
- The student identifies the context and application of defence and fair trial rights as these are defined by the European Court of Human Rights;
- The student outlines the most recent developments in the interpretation of procedural rights;
- The student criticises the relationship between individual rights and measures of criminal procedure and assesses the balance between crime control and due process;
- The student deduces legal problems regarding procedural rights from facts and formulates them into a formal legal complain;
- The student composes an application for the European Court of Human Rights
Voorwaarden
- BLL. In case of a Bachelor in other discipline entrance exam for the master Forensics Criminology and Law is required
Aanbevolen literatuur
- Harris, O’Boyle and Warbrick, Law of the European Convention on Human Rights, 4rd. Ed., Oxford University Press, 2018
- Human Rights Handbooks nrs. 1, 3, 5, 6 available on the ECtHR website: http://www.coe.int/web/human-rights-rule-of-law/human-rights-handbooks