Criminal Procedure 2751-BW-s1-2-PoK

Lectures (30 hours) – during the lectures, students acquire theoretical knowledge about the basic principles, sources, and structure of criminal proceedings, as well as the participants in the process, the rights of the accused, evidentiary procedures, and the various stages of criminal proceedings (preliminary, main, appellate, extraordinary appeals, and post-conviction procedures). Exercises (15 hours) – in the exercises, students analyze case studies, solve legal problems related to criminal proceedings, engage in discussions, and conduct trial simulations, allowing them to practically apply the principles and procedures they have learned. Independent work (approximately 50 hours) – outside of class, students should dedicate time to self-study, which includes reviewing literature and source materials, preparing for classes, solving case studies, preparing for the exam, and preparing presentations on topics related to criminal proceedings. Independent work helps to consolidate the acquired knowledge and develop practical skills in applying criminal law provisions.

The student gains knowledge about the structure and course of criminal proceedings as well as the characteristics of its institutions. The student acquires knowledge about the rights and duties of participants in criminal proceedings, their procedural roles, and social roles. The student becomes familiar with the content of the Code of Criminal Procedure and other laws regulating the most important procedural issues and is able to identify the provisions applicable to a given procedural situation. The student familiarizes themselves with scholarly views and court rulings regarding criminal procedure problems and is able to apply them to solve legal issues.

The student is able to: Determine the conditions for the admissibility of criminal proceedings and identify the participants in criminal proceedings along with their procedural roles. Discuss the issue of procedural capacity and standing in criminal proceedings. Accurately characterize the parties to criminal proceedings and their procedural representatives. Describe the system of bodies involved in criminal proceedings and the basic organizational and systemic principles related to their functioning.

The student is capable of correctly identifying the rights and duties of participants in criminal proceedings and the responsibilities arising from the social context of their actions. The student is prepared to resolve dilemmas related to the application of law, taking into account non-legal norms, especially social norms. The student is aware of the heightened standards that apply to professional participants in criminal proceedings – procedural bodies and representatives. The student is able to publicly communicate their views in front of a group and propose solutions to disputed situations through discourse and consensus. The student can work in a group and resolve legal issues while considering the social context of a given criminal case. The student is aware of the need for continuous education and updating their knowledge in the field of criminal procedure.

In the "Criminal Procedure" course, the following teaching methods will be applied: Lecture – presentation of the theory of criminal procedure, principles, and structure of criminal trials, discussion of legal regulations, sources, and participants in the proceedings. Lectures allow students to familiarize themselves with the fundamental institutions of criminal procedural law and its practical aspects. Practical Exercises – solving case studies, analyzing real-life situations, and conducting criminal trial simulations, including the evaluation of evidence, application of legal provisions, and assessing the behavior of participants in the trial. The goal of exercises is to develop skills in applying theory to practice. Discussions and Case Analysis – conducting open discussions on controversial legal issues and court rulings, allowing students to develop their argumentation and critical thinking skills. Individual Work – independently solving case studies, preparing for classes, and studying source literature, which helps deepen knowledge and practical skills. Trial Simulations – role-playing (e.g., defense lawyer, prosecutor, judge) to better understand the roles of participants in criminal proceedings.

- exhibition

- participatory lecture
- problem-based lecture
- narration
- informative (conventional) lecture

- classic problem-solving
- practical

- exchange and discussion methods

Basic knowledge of legal studies

The exam for the "Criminal Procedure" course will be conducted orally, during which the student will need to answer three descriptive questions that assess their knowledge of the topics discussed. The questions will focus on the basic institutions and principles of criminal procedure, the procedures related to various stages of the criminal process, and the role of participants in the process, including the rights of the accused, evidentiary rules, and the principles governing the course of criminal proceedings.

Alternatively, the exam may take the form of a multiple-choice test, which will cover the lecture material. The assessment of the exercises will involve active participation in the classes and an oral examination, similar to the lecture format. The goal of the exam and exercises is to evaluate the student's ability to clearly explain and apply criminal procedural law in practice.

Basic Literature:

J. Skorupka (ed.), Postępowanie karne. Część ogólna, Warsaw 2012
J. Skorupka (ed.), Postępowanie karne. Część szczególna, Warsaw 2013
J. Skorupka (ed.), Postępowanie karne. Materiały do ćwiczeń, Warsaw 2011
Legal Acts:

CONSTITUTION OF THE REPUBLIC OF POLAND of April 2, 1997
CODE OF CRIMINAL PROCEDURE of June 6, 1997
ACT ON THE PROSECUTOR'S OFFICE of June 20, 1985 (Journal of Laws No. 270, item 1599, as amended)
ACT ON THE CROWN WITNESS of June 25, 1997 (Journal of Laws No. 114, item 738) as of December 2, 2014 (Journal of Laws 2014, item 1801)
ACT ON THE LIABILITY OF LEGAL PERSONS FOR OFFENSES of October 28, 2002, as of July 31, 2015 (Journal of Laws 2015, item 1212)

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

• Description of 2751-BW-s1-2-PoK in USOSweb