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Lecturer(s)
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Švára Ondřej, Mgr.
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Coufalová Bronislava, JUDr. Ph.D.
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Course content
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Content (themes): - activities of the defence counsel at the stage before initiation of criminal prosecution (taking over the defence, meeting with the client, giving explanations, arrest of the suspect, search, etc.) - initiation of the prosecution (complaint against the decision to initiate prosecution, etc.) - questioning of the accused in pre-trial proceedings (decision to exercise the right to refuse to give testimony, pleading guilty, any cooperating accused persons, drafting of testimony, etc.) - remand (defence at the remand hearing; necessary information for the client, his relatives and other practical aspects related to the remand of the accused, application for release from the remand custody); - examination of a witness in pre-trial proceedings (preparation of questions, examination of the witness by a lawyer, etc.) - conclusion of the investigation (motion to supplement evidence, motion to discontinue prosecution, motion for preliminary examination of the indictment, etc.) - diversions in criminal proceedings (in particular, conditional discontinuance of prosecution) - negotiation of plea bargains - defence at the trial (statement of defence, plea of guilty, closing speech, etc.) - appeals in criminal cases, including public hearings before a court of appeal - defence in enforcement proceedings (serving a prison sentence, application for early release etc.)
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Learning activities and teaching methods
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Dialogic Lecture (Discussion, Dialog, Brainstorming)
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Learning outcomes
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The course is intended for students who have a deeper interest in criminal law and are considering practicing legal counselling after graduation, including criminal defence. The course will focus on the activities of criminal defence lawyers in various stages of criminal proceedings and will be clearly practical. During the course, students will draft basic procedural submissions made by the defence (e.g. a complaint against a decision to initiate a criminal prosecution, an appeal, an application for early release, etc.), get acquainted with the actual course of individual acts of criminal proceedings (e.g. home search, custodial session, etc.) and discuss aspects of criminal proceedings that are not prescribed by law (e.g. choice of defence strategy, preparation of questions to witnesses, search for evidence by the defence counsel, etc.). Completion of the course will help students to deepen their knowledge of criminal procedural law in particular, to acquire the basic skills necessary for the practice of the profession of a defence counsel and to make a decision about their future career. to take the course the students are required to do preparation at home and be active in the lessons. The teacher will send the students materials for the lesson well in advance, together with a particular task, the students will work on the task and send their solution to the teacher before the lesson. The individual solutions will then be discussed in class (e.g. before a lesson on initiation of criminal prosecution, the teacher will send the students a resolution on initiation of criminal prosecution, the students will draft a complaint against such resolution and send it to the teacher; the individual complaints will then be discussed and evaluated in the lesson).
By completing the course, students will gain a deeper knowledge of criminal procedural law and acquire the basic skills necessary for the practice of the profession of a defence counsel.
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Prerequisites
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Enrollment in this subject is possible only after completing the subject MTRP2.
KPT/MTRP2
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Assessment methods and criteria
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Student performance
Students will be awarded a credit.
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Recommended literature
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Fenyk, J., Císařová, D., Gřivna, T. a kol. (2019). Trestní právo procesní 7. vydání. Praha: Wolters Kluwer ČR.
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Ščerba, F. a kol. (2022). Trestní zákoník. Komentář. 1. vydání. Praha: C. H. Beck.
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Vantuch, P. (2019). Trestní řízení z pohledu obhajoby. 2. vydání. Praha: C. H. Beck.
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