Elements of criminal procedure 1300-POD-PK-S1

The lecture is optional (one of two) for the II year of full time administration of the first level.
The aim of the lecture is to present to the students the general part of criminal procedure: basic terms, pleas, principles of procedure, participants of procedure, procedural acts, coercive measures and evidence and the dynamic of criminal procedure with a particular stress on preparatory proceedings.
Issues:
1. Definition, object and construction of criminal procedure (2 h), 2.Principles of criminal procedure (6 h),
3. Participants of criminal procedure (6 h),
4. Chosen issues of evidence law (6 h),
5. Coercive measures (4 h),
6. Dynamics of criminal procedure with a particular stress on preparatory proceedings (6 h).

Term 2022/23Z:

As above

Term 2023/24Z:

As above

Term 2024/25Z:

As above

Term 2025/26Z:

As above

Total student workload

2 ECTS - 50 h 1. Hours to be carried out with teachers: - contact hours anticipated in class schedule for subject - 30 h (1 ECTS), 2. Time dedicated to individual work on current preparations for classes (preparing and completing notes, preparing material for classes, reading, writing drafts of papers, scripts) - 12 h (0,4 ECTS) 3. Time required to prepare and participate in assessment process - 18 (0,6 ECTS).

Learning outcomes - knowledge

After the lecture a student: 1. interpretes the provisions of procedural law - K_W04/S1A_W04, 2. defines basic terms, describe institutions and proceedings - K_W05/S1A_W05, 3. compares and analyses procedural institutions - K_W07/S1A_W06.

Learning outcomes - skills

After the lecture a student: 1. evaluates existing legal regulations and the practice of application of the law and formulates proposals de lege ferenda - K_U03/S1A_U03, 2. solve cases - K_U07/S1A_U07, 3. draws up procedural writs, drafts of decisions and rulings in the field of preparatory proceedings - K_U09/S1A_U09.

Learning outcomes - social competencies

After the lecture a student: 1.is aware of responsibility resting with representatives of legal professions taking part in criminal proceedings and understands the need for systematic and objective assessment of one’s knowledge and skills and continuous improvement - K_K01/S1A_K01, 2.knows primary principals of a criminal trial, specification of how preparatory proceedings body and the judiciary acts and norms of a trial that allows them to rise to the occasion of contact with these bodies and the other participants in the proces - K_K02/ S1A_K02.

Teaching methods

Presentation of institutions, analysis of legal text, description of practical problems.

Expository teaching methods

- problem-based lecture
- informative (conventional) lecture

Type of course

elective course

Prerequisites

Before classes students should posses knowledge of criminal substantive law (Podstawy prawa karnego i prawa wykroczeń offered by the university).

Course coordinators

Maja Klubińska

Learning outcomes

After the lecture and classes a student:
1. Knowledge:
a. defines basic terms, describe institutions and proceedings,
b. interpretes the provisions of procedural law,
c. compares and analyses procedural institutions,
d. evaluates existing legal regulations and the practice of application of the law
2. Skills:
a. solve cases,
b. draws up procedural writs, drafts of decisions and rulings in the field of preparatory proceedings,
c. understands the meaning of content of decisions and rulings.
3. Social competence:
a. knows which interpersonal skills should be chief qualities of lawyers in criminal proceedings that helps them to decide about their career path,
b. knows primary principals of a criminal trial, specification of how preparatory proceedings body and the judiciary acts that allows them to rise to the occasion of contact with these bodies.

Assessment criteria

In case of a lecture the mark is given after written or oral test. During the test students is asked three general cross-sectional questions aiming to if the student: interprets trial regulations of law correctly (W04), uses framework of terms defining basic terms correctly, can describe institutions and criminal proceedings (W05, K02), and analyze trial institutions, compare and assess them ( W07,U03). Answer to each question are assessed separately in the scale from 2 to 5. The final mark is determined on the basis of avarage of answers to questions but in order to receive a positive mark at the test it is indispensable to fulfill the two conditions at the same time:
1) obtain an average of minimum 3,0 on answers to questions;
2) obtain positive mark on answering at least two questions.

Practical placement

Not applicable.

Bibliography

K. Woźniewski, Prawo karne procesowe. Zarys instytucji, Gdańsk 2013
A. Marek, S. Waltoś, Podstawy prawa i procesu karnego, Warszawa 2008

Term 2022/23Z:

As above

Term 2023/24Z:

As above

Term 2024/25Z:

As above

Term 2025/26Z:

As above

Notes

Term 2022/23Z:

Term 2023/24Z:

Term 2024/25Z:

Term 2025/26Z:

Additional information

Additional information (registration calendar, class conductors, localization and schedules of classes), might be available in the USOSweb system:

Description of 1300-POD-PK-S1 in USOSweb