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Course info
KTR / TR3N
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Course description
Department/Unit / Abbreviation
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KTR
/
TR3N
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Academic Year
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2023/2024
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Academic Year
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2023/2024
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Title
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Criminal Law 3
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Form of course completion
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Pre-Exam Credit
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Form of course completion
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Pre-Exam Credit
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Accredited / Credits
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Yes,
4
Cred.
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Type of completion
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-
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Type of completion
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-
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Time requirements
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Lecture
2
[Hours/Week]
Seminar
2
[Hours/Week]
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Course credit prior to examination
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No
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Course credit prior to examination
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No
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Automatic acceptance of credit before examination
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Yes in the case of a previous evaluation 4 nebo nic.
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Included in study average
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NO
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Language of instruction
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Czech
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Occ/max
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|
|
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Automatic acceptance of credit before examination
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Yes in the case of a previous evaluation 4 nebo nic.
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Summer semester
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0 / -
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0 / 0
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0 / 0
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Included in study average
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NO
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Winter semester
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255 / -
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0 / -
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0 / -
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Repeated registration
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NO
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Repeated registration
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NO
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Timetable
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Yes
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Semester taught
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Winter + Summer
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Semester taught
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Winter + Summer
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Minimum (B + C) students
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10
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Optional course |
No
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Optional course
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No
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Language of instruction
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Czech
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Internship duration
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0
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No. of hours of on-premise lessons |
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Evaluation scale |
S|N |
Periodicity |
každý rok
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Periodicita upřesnění |
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Fundamental theoretical course |
Yes
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Fundamental course |
No
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Fundamental theoretical course |
Yes
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Evaluation scale |
S|N |
Substituted course
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KTR/TR3
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Preclusive courses
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KTR/TR3
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Prerequisite courses
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N/A
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Informally recommended courses
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KTR/TR1N or KTR/TR1R and KTR/TR2N
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Courses depending on this Course
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KTR/TRZ
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Histogram of students' grades over the years:
Graphic PNG
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XLS
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Course objectives:
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The subject is focused on a conceptional explanation of criminal procedure law and of criminal proceedings, further on basic principles of criminal proceeding and of a fair-process and on explanations of partial criminal procedural institutes with respect to actions of criminal procedure, its subjects and to an assuring of persons and things for purposes of criminal proceedings. The subject deals further with questions of evidence and deciding in criminal proceedings and gives an overview of stages of criminal procedure.
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Requirements on student
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Written test, comprehensive exam of criminal law of material and criminal procedural law.
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Content
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1. The concept of criminal procedure law and its position in the legal order of the Czech Republic; legal sources of criminal procedure law; operation scope and interpretation of Criminal Procedur Code
2. Concept, subject and course of criminal proceedings; actions of criminal proceedings; pre-judicial questions
3. Basic principles of criminal procedure
4. Subjects and sides of criminal proceedings; criminal proceedings authorities; helping persons
5. Accused and his/her barrister
6. Injured person (victim); participating person
7. Assuring of persons in criminal proceedings - writ of summons, bringing of an accused or of a witness, detaining of a suspect and of an accused, custody in general
8. Custody and custodial proceedings
9. Assuring of things and other property values; body and hous search, search of other spaces and estates, keep and opening of parcels, their change and monitoring; wiretapping
10. Evidence in criminal proceedings
11. Interrogation of an accused and of a witness; expert´s evidence; corpus delicti; documents; examination; special kinds of evidence
12. Decisions in criminal proceedings; judgement, resolution, criminal order, decision sui generis
13. Stages of criminal proceedings
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Activities
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Fields of study
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Guarantors and lecturers
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-
Guarantors:
Doc. JUDr. Jan Chmelík, Ph.D. (100%),
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Lecturer:
Doc. JUDr. Jan Chmelík, Ph.D. (60%),
Doc. JUDr. Jan Kocina, Ph.D. (25%),
JUDr. Petr Kybic, Ph.D. ,
Prof. JUDr. Jan Musil, CSc. (5%),
JUDr. Petr Škvain, Ph.D. (100%),
JUDr. Milan Tomeš (100%),
Doc. JUDr. František Vavera, Ph.D., LL.M. (100%),
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Seminar lecturer:
JUDr. Petr Kybic, Ph.D. (100%),
JUDr. Milan Suk (100%),
JUDr. Milan Tomeš (100%),
JUDr. Bc. Michal Volf (100%),
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Literature
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Basic:
Fenyk, Císařová, Gřivna a kolektiv. Trestní právo procesní - 6. vydání. Wolters Kluwer, Praha, 2015. ISBN 978-80-7478-750-8.
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Basic:
Novotný F. a kol. Trestní právo procesní, 2. vydání. Aleš Čeněk, Plzeň, 2017. ISBN 978-80-7380-677-4.
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Basic:
Jelínek J. a kol. Trestní právo procesní 4. vydání. Leges, Praha, 2016. ISBN 978-80-7502-160-1.
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Basic:
kolektiv autorů. Trestní právo, Soubor zákonů. Plzeň, Aleš Čeněk, 2017. ISBN 978-80-7380-676-7.
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Basic:
Chmelík, Jan. Trestní řízení. Plzeň : Vydavatelství a nakladatelství Aleš Čeněk, 2014. ISBN 978-80-7380-488-6.
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Recommended:
Šámal, Musil, Kuchta a kol. Trestní právo procesní 4. vydání. C.H. Beck, Praha, 2013. ISBN 978-80-7400-496-4.
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Recommended:
P. Šámal a kol. Trestní řád 7. vydání. C.H. Beck, Praha, 2013. ISBN 978-80-7400-465-0.
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On-line library catalogues
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Time requirements
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All forms of study
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Activities
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Time requirements for activity [h]
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Preparation for comprehensive test (10-40)
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37
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Preparation for formative assessments (2-20)
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15
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Contact hours
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52
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Total
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104
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Prerequisites
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Knowledge - students are expected to possess the following knowledge before the course commences to finish it successfully: |
Good knowledge of (material) criminal law. Knowledge of subjects TR1 and TR2. |
To control the basics of criminal liability in the scope of textbook criminal law material, general part. |
Skills - students are expected to possess the following skills before the course commences to finish it successfully: |
to apply basic criminal responsibility in practice, ie to prosecute a criminal offense and to modify it |
to legally qualify the act |
including questions of the extinction of punishment and punishment |
to judge and to apply the cases of legal error, synergy and aggression |
to assess the circumstances excluding illegality and to apply them in practice |
orientation in the system of penalties and protective measures and conditions of their deposition, etc. |
knows the system of TPH, can characterize SPTČ specially. TrZ |
Competences - students are expected to possess the following competences before the course commences to finish it successfully: |
N/A |
To apply the acquired knowledge of TPH in practical examples, to orientate in the system of law and basic theoretical foundations of law, to prove the relation analysis of TPH institutes to the constitutional principles established by the Constitution, LPS in the context of international documents. |
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Learning outcomes
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Knowledge - knowledge resulting from the course: |
master basic principles and terminology of criminal procedure law and gain deeper knowledge of criminal procedural institutes concerning actions in criminal proceedings and subjects of criminal proceedings |
gain knowledge of problems of evidence in criminal procedure and apprehend a course of criminal procedure in its constitual outlines and the importance of its partial stages |
Skills - skills resulting from the course: |
orientate themselves in criminal process institutions to ensure people and things, including the definition of their conditions and limits |
to solve model examples |
Competences - competences resulting from the course: |
N/A |
N/A |
To be subject to criminal law norms, in particular the Criminal Code, Criminal Procedure Code, the Criminal Law of Youth and the Criminal Liability Act, as well as the related legal norms directly related to criminal law and its application capabilities. Be able to apply the general issues of criminal proceedings on the practical level to the extent of required professional skills. |
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Assessment methods
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Knowledge - knowledge achieved by taking this course are verified by the following means: |
Test |
Skills demonstration during practicum |
To prove the knowledge of the basic principles of criminal proceedings, basic theoretical institutes of the TPP, the judicial system of the Czech Republic, to be able to identify in the first instance and the relevance of the criminal proceedings, to characterize the bodies and strands of the criminal proceedings and their rights and obligations in tr. Management, characterization of basic acts of criminal proceedings, remedial actions and their conditions of application, knowledge of basic procedures in evidence, scope and forms of evidence, evidence, facts and their relationship, forms of decision and their content. To get acquainted with the peculiarities of criminal proceedings against juveniles and legal entities |
Skills - skills achieved by taking this course are verified by the following means: |
The ability to clarify the basic principles governing criminal proceedings, both from the point of view of the Czech legal system (§ 2 of TR) and the international legal regulations (especially the principle of the right to a fair trial), to assess the system of bodies involved in criminal proceedings, their powers and mutual relations, To work with concepts and their content (subject, party of proceedings), to postpone them in criminal proceedings, to evaluate the issues of competence and authority of the CAA, to know the limits and methods of evidence, the means of proof and the evidence and their relationship, to characterize and to apply remedial actions and conditions Their use, characterizing the various forms of decision, their chraktreristics content and the right of the BCAA to their application. |
Competences - competence achieved by taking this course are verified by the following means: |
To assess in the oral examination the student's ability to become a person in criminal law, especially in the Criminal Code, Criminal Procedure Code, the Criminal Law of Juvenile and Criminal Liability Act, as well as in related legal norms directly related to criminal law and its application Ability. Be able to apply the general issues of criminal proceedings on the practical level to the extent of required professional skills. |
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Teaching methods
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Knowledge - the following training methods are used to achieve the required knowledge: |
Lecture |
Seminar |
Familiarize with the basic principles of criminal proceedings pursuant to § 2 of the Criminal Procedure Code, including the fundamental requirement of the right to a fair trial, clarify and characterize the individual ACTU, their competence and competence in criminal proceedings, interpret them in the form of lectures and discussions with the theoretical principles of criminal procedural law. Questions of the subject and parties of the criminal proceedings, their detailed description, the extent of their criminal proceedings and the affair, the breakdown and characterization of the requirements of the rules and practice of evidence, the form of evidence, the individual evidence and the types of evidence in the criminal proceedings, the familiarity with the remedial actions , The conditions of their application to individual PWD, legal acts in criminal proceedings. |
Skills - the following training methods are used to achieve the required skills: |
To familiarize with the ways of application and application of the presented professional knowledge in practice, to enliven individual skills on practical or artificially created examples |
Competences - the following training methods are used to achieve the required competences: |
Familiarize students with the conditions of conducting criminal proceedings, relations with other legal branches, learn to apply individual evidence and procedures in criminal proceedings in the context of other legal standards, especially in the context of criminal procedural principles and constitutional principles. To lead to autonomy in decision-making and application of individual institutes of criminal proceedings. To be able to apply procedures in criminal proceedings against juveniles and legal entities, to orient themselves in the procedures of international relations with foreigners. |
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