Criminal Procedure - first semester WP-PRZ-POK1-ćw

The aim of the course is to strengthen and deepen the student's knowledge of the institutions of Polish criminal procedure and to develop the ability to use them in practice. The student will learn to analyse and interpret the provisions of the Code of Criminal Procedure, to use the case law of the Supreme Court, the Constitutional Tribunal and the European Court of Human Rights, as well as legal writing, and to solve procedural cases. The student will also learn to draft procedural decisions of authorities and procedural documents of the parties.. The classes also develop readiness to update knowledge independently, to take part in factual discussion and to justify one's own position, which is necessary in legal professions.

(in Polish) Dyscyplina naukowa, do której odnoszą się efekty uczenia się

law

(in Polish) E-Learning

(in Polish) E-Learning (pełny kurs) z podziałem na grupy

(in Polish) Grupa przedmiotów ogólnouczenianych

(in Polish) nie dotyczy

Course coordinators

Marcin Wielec

(in Polish) Opis nakładu pracy studenta w ECTS

Classes, 16 hours, 2 ECTS (1 ECTS = 25–30 hours of student work) Contact hours with the teacher: - participation in classes (including the final test) – 16 hours Student's own work: - preparation for classes (study of the Code of Criminal Procedure, case law and legal writing) – 14 hours - preparation of a presentation – 10 hours - drafting a procedural decision or a procedural document – 6 hours - preparation for the final test – 8 hours Total: 54 hours = 2 ECTS

Subject level

elementary

Learning outcome code/codes

PR_W02; PR_U01; PR_U02; PR_U06; PR_U08; PR_K01; PR_K02; PR_K03; PR_K04

Type of subject

obligatory

Preliminary Requirements

Knowledge of substantive criminal law (general and special part) and constitutional law, especially constitutional guarantees of individual rights. Ability to use basic methods of legal interpretation.

Learning outcomes

After completing the course, the student:

KNOWLEDGE
EW1 (PR_W02) – describes the sources of criminal procedure law (the Polish Constitution, the Code of Criminal Procedure, secondary legislation, the European Convention on Human Rights, EU law) and their importance for the interpretation of criminal procedure provisions.

SKILLS
EU2 (PR_U01) – interprets the provisions of the Code of Criminal Procedure using the rules of legal interpretation, with reference to the case law of the Supreme Court, the Constitutional Tribunal and the European Court of Human Rights, and to legal writing.
EU3 (PR_U02) – analyses the facts of a procedural case and identifies the procedural issues and the relevant institutions of criminal procedure.
EU4 (PR_U06) – proposes a solution to a procedural problem in preparatory proceedings or before the court of first instance, showing the right procedural act, its legal basis and its effects on the further course of the proceedings.
EU5 (PR_U08) – drafts a procedural decision of an authority (e.g. a decision to open or discontinue preparatory proceedings, a decision to present charges) or a procedural document of a party (e.g. an interlocutory appeal, a motion for evidence) in line with the Code of Criminal Procedure.

SOCIAL COMPETENCES
EK6 (PR_K01) – checks that provisions and case law are up to date in legal information systems before preparing a presentation or a case solution.
EK7 (PR_K02) – justifies how to resolve professional and ethical dilemmas in the work of a prosecutor, defence counsel, attorney and judge in criminal proceedings.
EK8 (PR_K03) – works in a team to solve a case or prepare a presentation, taking a given procedural role (e.g. prosecutor, defence counsel, court).
EK9 (PR_K04) – sets the order of procedural acts in a complex situation, ranking problems by their importance for the further course of the proceedings.

Assessment criteria

Grading scale: 2.0; 3.0; 3.5; 4.0; 4.5; 5.0. A student gets 3.5 if he or she meets all criteria for 3.0 and some criteria for 4.0. A student gets 4.5 if he or she meets all criteria for 4.0 and some criteria for 5.0.

EW1
2.0 – does not name the basic sources of criminal procedure law or confuses their types.
3.0 – names the basic sources (the Polish Constitution, the Code of Criminal Procedure) and states their basic role, without linking them to specific procedural institutions.
4.0 – describes national and international sources and shows their impact on selected procedural principles and institutions.
5.0 – describes all types of sources, explains the relations between them (including the impact of the Constitution, the ECHR and EU law on the interpretation of the Code) and illustrates them with case law.

EU2
2.0 – does not correctly interpret the basic provisions of the Code of Criminal Procedure.
3.0 – reads the content of a provision using linguistic interpretation, with the help of the teacher.
4.0 – interprets a provision independently, using different methods of interpretation and referring to case law.
5.0 – independently interprets unclear provisions, compares different lines of case law and views of legal writers, and justifies the chosen interpretation.

EU3
2.0 – does not identify the procedural problem in the given facts.
3.0 – identifies the main procedural problem and indicates generally correct provisions.
4.0 – identifies all relevant procedural problems, chooses the right provisions and shows the links between them.
5.0 – also identifies less obvious problems, separates key issues from minor ones and presents a full and well-ordered analysis.

EU4
2.0 – does not propose a solution or proposes a solution contrary to the law.
3.0 – proposes a solution to a typical problem with its legal basis, but with incomplete justification.
4.0 – proposes a correct solution, justifies it with provisions and shows its procedural effects.
5.0 – compares alternative solutions, assesses their effects on the further course of the proceedings and gives convincing reasons for the choice, using case law and legal writing.

EU5
2.0 – the draft does not meet basic formal requirements or does not match the facts.
3.0 – drafts a document based on a template, with basic formal elements but with serious gaps in the reasoning.
4.0 – drafts a formally complete document with the correct legal basis and correct reasoning; small errors are acceptable.
5.0 – independently drafts a document that is complete in form and substance, with full factual and legal reasoning and correct language.

Social competences (EK6–EK9) are assessed as achieved or not achieved:
EK6 – achieved if the student uses the current law and case law and indicates their source; not achieved if the student uses outdated provisions or does not check sources.
EK7 – achieved if the student identifies a professional or ethical dilemma and justifies his or her position with reference to procedural principles and professional ethics; not achieved if the student does not see the dilemma or does not justify the position.
EK8 – achieved if the student performs the assigned tasks in the team and makes a real contribution to the joint solution; not achieved if the student does not cooperate.
EK9 – achieved if the student sets and justifies the order of procedural acts; not achieved if the student does not separate key issues from minor ones.

Additional information

Information on level of this course, year of study and semester when the course unit is delivered, types and amount of class hours - can be found in course structure diagrams of apropriate study programmes. This course is related to the following study programmes:

Law - part-time master studies

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

Description of WP-PRZ-POK1-ćw in USOSweb