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Lecturer(s)
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Kopečný Zdeněk, JUDr. Mgr.
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Madleňáková Lucia, JUDr. Ph.D.
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Course content
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Classes will be held as regular seminars (every week for 90 minutes) in which teacher will divide students into small groups and during the term he will assigned them a specific case that has to be processed. Students will be provided with actual anonymized criminal file (respectively with those parts of the file that are available to defense council) including the statement of the accused on the matter and the students will carry out an analysis of said case. Result of this analysis will be their suggestion of defense that they would have used in the courtroom during the trail. This defense proposal will be presented to other students and in the discussion with the students and the teacher will express their opinion on to the chosen form of the defense and its real impact on the specific case. Due to the use of real cases, students will become acquainted with the real outcome of the case at the end of the semester. Syllabus after the expansion of teaching - Course Content 1. Preparatory proceedings, drafting of a complaint against the decision to initiate criminal prosecution 2. Preparatory proceedings - investigative acts of the criminal justice organs 3. Evidence in the preparatory proceedings 4. The court procedure - drafting opposition to the penal order 5. The court procedure - the trial 6. Evidence in the trial, simulated interrogation and questioning 7. Procedure before the court - the decision, drafting of the appeal 8. Mock trial - preparation 9. Mock trial - realization 10. Analysis of the simulated activities 11. Semester assessment, Final report, the outcomes of individual cases in practice
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The course Criminal Law Clinic aims to enable students to link theory of criminal law that they have acquired during the courses Criminal Substantive Law and Criminal Procedure Law with the practice of Czech criminal justice. On the particular real cases students will review the theoretical principles not only of the criminal procedural law and will learn to apply this knowledge especially in the area of defense. During the semester students divided into small groups will conduct an analyzis of the assigned cases and prepare a suitable way of defense. After that the students will present their defense to the other students and they all will discuss appropriateness and effectiveness of their solution. Constituent part of the course will be the debate with a criminal law judge and prosecutor, so the practical element of the clinic would not concentrate solely on the defense.
This enable the students in the most realistic environments (the rotunda class) to try real work of defence counsel or prosecutor in the atmosphere of the courtroom.
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Prerequisites
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The course shows no special requirements for the student who wants to attend. However, the condition is successfully completing courses Criminal Law 1 (NTR1), Criminal Law 2 (NTR2) and Criminal Law 3 (NTR3) including passing a comprehensive examination.
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Assessment methods and criteria
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Student performance
However, the condition for enrollment to the class is successful completing of courses Criminal Law 1 (NTR1), Criminal Law 2 (NTR2) and Criminal Law 3 (NTR3) including passing a comprehensive exam. According the number of applicants, there will be either registration to the course via portal or there will be selection procedure and audition. Once a week, a 90 minutes long seminar will be held, where the teacher will hand out cases to be processed and the groups will present current results of their preparation. However, individual work on cases during extracurricular activities is assumed. The teachers will be prepared to aid students with their cases and to answer any questions during consultation hours and via e-mail communication. At the seminar, the students have to have the analysis and documents already prepared to allow discussions to take place and at the end of the semester a mock trial. The course will end with a final report, which will include an analysis of the case in question, the defense proposal, report from an actual trial hearing and the final evaluation and self-reflection of one's own work and knowledge gained in the elaboration of a given case.
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Recommended literature
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Jelínek, J. a kol. (2020). Trestní zákoník a trestní řád s poznámkami a judikaturou. 8. vydání.. Praha: Leges.
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Jelínek, J. (2022). Trestní právo hmotné. Obecná část. Zvláštní část. 8. vydání.. Praha: Leges.
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JELÍNEK, Jiří. (2015). Rozhodnutí ve věcech trestních. 3. vydání.. Praha: Leges.
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JELÍNEK, Jiří. (2022). Trestní právo procesní. 6. vydání.. Praha: Leges.
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VANTUCH, Pavel. (2014). Trestní řízení z pohledu obhajoby.. Praha: C. H. Beck.
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