MV942K Defense Counsel in Criminal Proceedings

Faculty of Law
Autumn 2024
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
In-person direct teaching
Teacher(s)
JUDr. Jan Provazník, Ph.D. (seminar tutor)
JUDr. Eva Brucknerová, Ph.D. (seminar tutor)
JUDr. Milana Hrušáková, Ph.D., LL.M. (seminar tutor)
Mgr. David Čep, Ph.D. (assistant)
Guaranteed by
JUDr. Jan Provazník, Ph.D.
Department of Criminal Law – Faculty of Law
Contact Person: Jana Dopitová
Supplier department: Department of Criminal Law – Faculty of Law
Timetable of Seminar Groups
MV942K/01: Mon 30. 9. to Fri 20. 12. each odd Monday 18:00–19:40 209, M. Hrušáková, J. Provazník
Prerequisites
MP804Zk Criminal Law III
Successful passing of subject MP804Zk.
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 30/30, only registered: 6/30
fields of study / plans the course is directly associated with
  • Law (programme PrF, PR_)
  • Law (programme PrF, M-PPV)
Course objectives
The subject is focused on criminal law from defense in criminal proceeding's point of view in the full picture, i. e. in preparatory proceedings and possibilities and limits of defense in this specific stage of proceedings as well as in trial stage, legal remedies etc. The subject develops not only theoretical knowledge of students, but it also leads them to their projection to practical exercises in the form of legal writing of procedural documents (e. g. complaint, appeal) and also to development of rhetorical and argumentation skills. The main goal is thus to familiarize students with legal and professional regulation of activities of attorney acting as defense counsel in criminal proceedings, principles of his/hers relation with his/hers client and their mutual communication and to contribute to obtaing practical skills necessary for conduct of this profession. The subject thus strives to a better assertion of its absolvents in praxis.
Learning outcomes
- define sources of legal and professional regulation of attorney's profession in general and of defense counsel's in criminal proceedings in particular and minimal ethical requirements;
- define basic rights and obligations of attorney acting as a defense counsel;
- master basics of professional communication between defense counsel and his/hers client;
- formulate and effective strategy and tactics of criminal defense in a particular cases;
- lead effectively a criminal case from managerial and organizational perspective;
- follow legal regulation of criminal proceedings and use it to advantage of his/hers client's interested protected by law;
- write down basic procedural documents in criminal proceedings (legal remedies, evidentiary motions)
Syllabus
  • Historical and philosophical foundations of criminal defense
  • Legal regulation of criminal defense and ethic of defense counsel's conduct
  • Relation between defense counsel and his/her client
  • Strategy and tactics of criminal defense
  • Case-management of criminal cases
  • Criminal defense in preparatory proceedings
  • Criminal defense during trial
  • Criminal defense in proceedings for legal remedy
  • Constitutional aspects of criminal defense
Literature
    recommended literature
  • Fenyk, Jaroslav a kol. Trestní právo procesní. 7. vydání. Praha: Wolters Kluwer, 2019. 951 stran. ISBN 978-80-7598-306-0.
  • VANTUCH, Pavel. Trestní řízení z pohledu obhajoby. 2. vydání. V Praze: C.H. Beck, 2019, xxii, 1257. ISBN 9788074007507. info
  • JELÍNEK, Jiří and Marta UHLÍŘOVÁ. Obhájce v trestním řízení. Vyd. 1. Praha: Leges, 2011, 416 s. ISBN 9788087212882. info
Teaching methods
seminars, discussion, case studies, writing down legal documents, practice of handeling of model situation (role-playing) During the course of autumn semester 2020, the teaching will reflect anti-epidemic measures and shall need be, it will take place in online environment.
Assessment methods
An active participation is required in the course of the seminars. Students will be involved in answering theoretical questions, suggesting solutions to model practical problems and practice of handeling of model situation on the fly. Students will also be assigned home tasks (writing legal documents, legal analyses, instruction for clients etc). Beides these home assignments, one final group task of similar nature will be assigned (groups of up to three members). The colloquium is awarded during an oral discussion on particular individual assignments, assessment of activity during the semester and of the final group assignment. Student's activity throught the semester, quality of his/hers writing skill and gained knowledge are in the center of assessment. In autumn semester 2021, the final oral colloquium may take place in an online form, shall the epidemiologic situation require so.
Language of instruction
Czech
Further Comments
Study Materials
The course is taught annually.
Teacher's information
https://is.muni.cz/auth/predmety/uplny_vypis?fakulta=1422;obdobi=8023;predmet=1319422
The course is also listed under the following terms Autumn 2019, Autumn 2020, Autumn 2021, Autumn 2022, Autumn 2023.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/autumn2024/MV942K