Criminal Procedure
Volledige vakbeschrijving
Criminal justice systems across the globe face similar challenges, yet their solutions to these obstacles might differ for a variety of reasons. This course introduces the students to the most salient aspects of criminal procedure from a comparative perspective: investigative measures, arrest and pre-trial detention, out of court settelements, prosecution and the criminal trial. The goal of the course is two-fold: First, it strives to present the main features of criminal procedure. The reader shall find the most topical measures, principles, rights and procedures of criminal process. Special attention is also paid to jurispridence from the European Court of Human Rights which will be used structurally throughout the course. Second, because describing the criminal process is not sufficient, this course further explores why criminal procedure looks the way it does, by dissecting the raison d'être and choices behind legislation and practice. Accordingingly, the procedural phenomena present in various criminal justice systems are discussed mainly through reference to the legal systems of Germany, the Netherlands and England and Wales, although sometimes other systems will also be presented. Whereas criminal justice systems may differ greatly, many of the issues they face are the same.
Doelstellingen van dit vak
- Recognise and understand the main concepts, stages, rules and principles/rights of criminal procedure of the legal systems presented in the course;
- Compare the main differences and similarities of how criminal justice systems organise and regulate criminal procedure;
- Distil from the presented legal systems abstracter common features and generalising them into legal families or traditions, especially in relation to inquisitorial and adversarial traditions.
- Analyse and debate how competing political motivations (crime control or protection of rights), historical elements and social constructs might influence coercive measures and the organisation of trial;
- Distinguish and comprehend the conditions for applying selected coercive measures and the strategies of different systems to put in place safeguards for coercive measures;
- Diagnose with a critical mind the challenges of criminal procedure and derive the broader philosophical context within which developments in criminal procedure manifest
- Relate developments especially of coercive measures with broader social context
- Map out and assess the legal standards found in the ECHR, outline the leading jurisprudence of the ECtHR in those issues and analyse the level of legal standards provided by the ECHR.
- Comprehend at an introductory level of the existence of EU instruments influencing criminal procedure;
- Develop important skills, i.e. learn how to summarize and dissect case law, how to analyse legislation on criminal procedure and how to solve practical case studies.
- Argue a case from multiple perspectives and solve conflicts in a well argued way.
Voorwaarden
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Recommended prior knowledge
Substantive criminal law
Aanbevolen literatuur
Peristeridou, C., & Klip, A. (Eds.) (2024). Comparative Perspectives of Criminal Procedure. Intersentia.