N_TPr Criminal Law

University of Finance and Administration
Winter 2023
Extent and Intensity
2/1. 6 credit(s). Type of Completion: zk (examination).
Guaranteed by
doc. JUDr. Eduard Bruna, Ph.D.
Department of Law – Departments – University of Finance and Administration
Contact Person: Tereza Švestáková
Prerequisites
Finished study subjects Criminal Law 1 and 2.
Course Enrolment Limitations
The course is offered to students of any study field.
Course objectives
The aim of the course is to enable students to build on the existing knowledge of the basics of substantive criminal law and criminal procedural law. To deepen their knowledge of the key institutes of criminal law and their interpretation and application in the assessment of offenses in relation to the possibilities of criminal law assessment and criminal sanctions. They should be able to independently handle the interpretation of complaints and the most important parts of the Criminal Code, TOPO and the Juvenile Justice Act, as well as the Criminal Procedure Code and related case law, but also be able to process outputs related to this issue. they come out. Therefore, the teaching will focus only on some selected basic issues in both substantive criminal law and criminal procedural law. However, with the proviso that students will be led to independent orientation in the subject legislation and to the elaboration of legal opinions connected with the application of related laws to practical examples.
Learning outcomes
Successful passing of the exam from the subject.
Syllabus
  • 1. Interpretation of basic principles of substantive criminal law, their specific legal regulation and methods of application in practice. In particular, the issue of subsidiarity of criminal sanctions, its form and also the implementation in practice. 2. The factual nature of the crime and the methods of interpretation of their individual features. Particular emphasis is placed on species and individual objects contained in the Criminal Code. However, this also applies to the TOPO Act and Act No. 218/2003 Coll. 3. The relationship between the Criminal Code, the TOPO Act and Act No. 218/2003 Coll. and putting them into practice. For respecting their relationships, solving specific situations and contexts focused on their interpretation and application while respecting the relationship of subsidiarity or specialty between them. 4. Stages of crime. Forms of criminal cooperation in general and in the form of special criminal law of some such qualifiable separate facts of criminal offenses. 5. Principles of sanctioning offenders. Penalties and punishments according to the Criminal Code and TOPO. Sanctions under the Juvenile Justice Act. 6. Detailed interpretation of the basic principles of criminal proceedings and their reflection in the legal regulation of criminal proceedings. 7. Constitutionally guaranteed rights and freedoms in criminal proceedings in connection with relevant international conventions or treaties regulating this issue and the activities of the Constitutional Court in this area. The case law of the ECtHR and its reflection in our practice. 8. The importance of the stages of criminal proceedings, the role and position of the subject and the parties in them, including the possibilities of resolving safes such as diversions, agreement on guilt and punishment, suspension and suspension of criminal proceedings. 9. Evidence and evidence in criminal proceedings. 10. Ordinary and extraordinary remedies, current legal form and possibilities of their use. 11. Current position of the injured party and the person involved in the criminal proceedings. 12. Case law in relation to the application of substantive and procedural criminal law.
Literature
    required literature
  • BRUNA, Eduard. Trestní řád: § 302 až § 471. In Jiří Jelínek. Trestní zákoník a trestní řád s poznámkami a judikaturou. 7. vyd. Praha: Leges, 2017. s. 1127- 1230, 104 s. ISBN 978-80-7502-230-1.
  • CHMELÍK Jan; BRUNA, E. Hospodářská a ekonomická tresná činnost. EUPRESS:VŠFS, 2015. ISBN 978-80-7408-109-5.
  • JELÍNEK, J. a kol. Trestní právo procesní. Praha: Leges, 2018. ISBN 978-80-7502-278-3
  • Trestní předpisy ÚZ, SAGIT, nejnovější vydání.
  • JELÍNEK, J. Trestní právo hmotné. Leges, 6. aktualizované vydání 2017, ISBN 978-80-7502-236-3.
    recommended literature
  • Jakákoliv aktuální vysokoškolská učebnic trestního práva hmotného a procesního vycházející z trestního zákoníku a tresního řádu, tj. zákona č. 40/2009 Sb., 141/1961 Sb. v platném znění.
Teaching methods
Lectures and exercises in full-controlled group consultations in combined form; minimum mandatory attendance at seminars / workshops in full-time study is 75%, on a controlled group consultations in combination with another 50%.
Assessment methods
The course is concluded by credit and an oral exam. The criterion for granting credit is seminar paper on a given topic (minimum 50% points) and passing a written test consisting of 30 questions (minimum 50% points). The criterion for an oral exam is successfully answering one of the 15 test questions.
Language of instruction
Czech
Further comments (probably available only in Czech)
The course can also be completed outside the examination period.
Information on the extent and intensity of the course: 12 hodin KS/semestr.
The course is also listed under the following terms Winter 2016, Winter 2017, Winter 2018, Winter 2019, Winter 2020, Winter 2021, Winter 2022.
  • Enrolment Statistics (recent)
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