MVV175K Human Rights in Criminal Proceedings

Faculty of Law
Autumn 2024
Extent and Intensity
0/2/0. 3 credit(s). Type of Completion: k (colloquium).
In-person direct teaching
Teacher(s)
Mgr. Pavel Kandalec, Ph.D., LL.M. (lecturer)
Guaranteed by
Mgr. Pavel Kandalec, Ph.D., LL.M.
Department of Constitutional Law and Political Science – Faculty of Law
Contact Person: Andrea Špačková, DiS.
Supplier department: Department of Constitutional Law and Political Science – Faculty of Law
Timetable of Seminar Groups
MVV175K/01: Mon 30. 9. to Fri 20. 12. Tue 18:00–19:40 148, P. Kandalec
Prerequisites
SOUHLAS
Motivation letter needed
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: 26/30, only registered: 8/30
fields of study / plans the course is directly associated with
  • Law (programme PrF, PR_)
  • Law (programme PrF, M-PPV)
Course objectives
The basic message of this subject is the starting point that criminal law is not black and white - society's interest in detecting and punishing the offender on the one hand, and the human rights of specific individuals on the other, collide in it. The aim of the course is for students to be able to look at the whole matter from both points of view.
Learning outcomes
At the end of this course, student will be able to identify any constitutional errors in criminal case and will be able to write a qualified constitutional complaint.
Syllabus
  • 1. right to defence 2. right to privacy, wiretapping and other operational investigation means 3. prohibition of torture, evidence, doctrine of the fruit of a poisoned tree 4. the right to personal liberty, pre-trial detention 5. responsibility of state
Literature
    recommended literature
  • KMEC, Jiří, David KOSAŘ, Jan KRATOCHVÍL and Michal BOBEK. Evropská úmluva o lidských právech. Komentář (European Convention on Human Rights). 1. vyd. Praha: C.H. Beck, 2012, 1696 pp. Velké komentáře. ISBN 978-80-7400-365-3. info
  • MOLEK, Pavel. Právo na spravedlivý proces (Right to Fair Trial). 1st ed. Praha: Wolters Kluwer, 2012, 576 pp. Lidská práva 4. ISBN 978-80-7357-748-3. URL info
  • REPÍK, Bohumil. Evropská úmluva o lidských právech a trestní právo. Vyd. 1. Praha: Orac, 2002, 263 s. ISBN 80-86199-57-6. info
Teaching methods
case study
Assessment methods
case study
Language of instruction
Czech
Further comments (probably available only in Czech)
Study Materials
The course is taught each semester.
Teacher's information
The course is designed for 15 (up to 30 in the case of a larger room) students. These students will always be divided into two groups - one group will represent the prosecution and the other the defense. The groups are not uniform throughout the semester, they are created ad hoc for each topic separately. The course takes place once a week, 100 min. A total of five separate topics will be open, with a theoretical seminar taking place the first week and a practical seminar the following week. Theoretical seminar – texts to be loaded will be included in the study materials (actually, most often ECtHR or Constitutional Court jurisprudence). At the theoretical seminar, the subject matter will be explained in more detail in connection with these judgments. At the end of the theoretical seminar, the students in groups will receive an assigned practical case. Practical seminar – Students will be maneuvered into the role of defense or prosecution, but the teacher will try to balance this situation with observations from other perspectives. For this purpose, experts from practice will be regularly invited to the practical seminar - whether from the ranks of state representatives, lawyers or judges. Therefore, each of the students will participate in writing submissions in five different criminal cases in their group. Each of the students will take an active stand once to present the written arguments. This activity as part of the practical seminar and further the usual preparation for theoretical seminars will form the conditions for awarding the colloquium.
The course is also listed under the following terms Autumn 2015, Spring 2016, Autumn 2016, Spring 2017, Autumn 2017, Spring 2018, Autumn 2018, Spring 2019, Autumn 2019, Spring 2020, Autumn 2020, Spring 2021, Autumn 2021, Spring 2022, Autumn 2022, Spring 2023, Autumn 2023, Spring 2024, Spring 2025.
  • Enrolment Statistics (Autumn 2024, recent)
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