Criminal Procedure
English for Lawyers I.4
HW: Powell U19
Czech English
vyšetřovat trestné činy investigate crimes
zatknout a prohledat podezřelé arrest and search suspects
uložit pokutu impose a fine
odradit lidi od páchání trestných činů deter people from committing
crimes
padělat důkazy falsify evidence
přijímat úplatky accept bribes
shromažďovat důkazy gather evidence
veřejně prospěšné práce community service
podmíněný trest suspended sentence
cela smrti death row
tělesný trest corporal punishment
Criminal Law
 Definition? 
 Why do we need criminal law? What is its
basic function?
 What is presumption of innocence?
 Punishment
 Groups of 4-6
Punishment
 death (capital punishment, death sentence)
 imprisonment / exceptional punishment
 community service order
 deprivation of titles of honour and awards
 deprivation of a military rank
 prohibition of professional activity
 forfeiture of property / forfeiture of a thing
 pecuniary punishment / monetary fine
 banishment
 prohibition of abode / stay / residence
Quick revision: Crime vocabulary
Pachatel trestného činu
 Synonyms:
 an offender
 a criminal
 a felon
 a perpetrator
Criminal Procedure
 Definition?
 What are the parties to criminal
proceedings?
 prosecutor / prosecution
 defendant
What …
 do you remember about criminal
procedure?
 are questions of fact?
 are questions of law?
A. Read the following speech. Who is speaking to whom? In
each numbered blank a word is missing. Predict what the
missing word is and check with a partner.
“You’ve listened to a long and complex case. .. murder in the first
1.degree … a 2.pre-meditated murder is the most serious 3.
charge tried in our courts... you’ve listened to the 4.testimony…
you’ve heard the law read to you and interpreted as it applies in this
case … it’s now your job to sit down and separate the facts from the
5.fantasy… one man is dead ....another man’s life is at 6. stake … if
there’s a reasonable doubt in your minds 7.as to the guilt of the
accused... a reasonable doubt... then you must 8.bring me the 9.
verdict of not guilty ... if however there’s no reasonable 10.doubt
then you must in good 11.conscience find the accused 12.guilty ...
however you decide your verdict must be 13.unanimous .... in the
event that you find the accused guilty the 14.bench will not entertain
a recommendation for 15.mercy … the death sentence is
16.mandatory in this case... you’re faced with a 17.grave
responsibility … thank you gentlemen.”
...
“...the jury will now 18.retire“
B. Speaking: Exam Practice
Compare the advantages and
disadvantages of the jury system.
C. Criminal procedure: Decide the order of
individual steps in a criminal procedure
1. crime is reported
2. investigation by police
3. apprehension of suspect
4. charge of suspect
5. plea-taking
6. remand in custody
7. release on bail
8. trial
9. opening statements by counsel
10. interrogation - direct/cross
11. closing statements by counsel
12. verdict by jury
13. judgment of judge
14. acquittal of accused
15. conviction of accused
16. sentence by judge
17. appeal against judgment
What does the prosecutor have to prove?
 Actus Reus
 „guilty act“
 it‘s the action which is forbidden in the Code
(or failure to do an action which is required to
be done)
 the prosecutor has to prove that the accused
did the deed which is forbidden by the Code
What does the prosecutor have to
prove?
 Mens Rea
 http://www.youtube.com/watch?v=uvrHS7Kd
Z64
 „guilty mind“
 not only must the accused have done the
deed, he must have had a criminal mind
 he must have intended to do it
 knowlingly
 recklessly
D. Fill in prepositions
 He was charged with murder.
 He was sentenced to 12 years.
 He was suspected of committing an offence.
 He was taken into custody.
 He was arrested on warrant.
 He was released on parole.
 He was convicted of an offence.
 He appealed against the sentence.
 He was arrested for an offence.
 He was released on bail.
 He was found guilty of the charge
E. Video – Arrest and Plea
1. You have the right to remain silent .
2. Anything you say can and will be used against you in
court.
3. You have a right to an attorney.
4. If you are unable to hire an attorney one will be
provided for you.
5. If you waive these rights and furnish information, you
have the right to stop at any time.
 Translate Miranda Warning into Czech?
Poučení o právech zadržené osoby
Plea
 How can you plead?
 guilty
 not guilty
 Definition of a plea?
A statement made by a person accused in
court in answer to the charge.
(Collins Dictionary of Law)
Test
1. drug trafficking
2. zadržela na širém moři
3. claimed to have been
victims
4. svévolné zbavení svobody
5. vzhledem k zadržení
6. police custody
7. right to liberty and
security of person
8. které byli vystaveni byla
nezákonná
9. to be brought before a
judge
10. oprávněného ze zákona
11. to exercise judicial
power
12. in accordance with
procedure
13. prescribed by law
14. concerned prosecution
of Mr. K
15. pro údajné spáchání
válečného zločinu
16. criminal investigation
17. Criminal Code
18. found guilty of
19. mohou být odsouzeni k …
20. nepodléhá promlčení
Test
21. charged with crimes
against humanity
22. umístěn do vazby v
přípravném řízení
23. entered a not guilty
plea
24. acts which he had been
accused of
25. ani podle národního ani
podle mezinárodního práva
26. no punishment without
law
Definitions
 community service
 punitive sentence requiring a convicted person to
perform unpaid work for the community in lieu of
imprisonment
 suspended sentence
 a sentence of imprisonment that is not served by an
offender unless he commits a further offence during
its currency
Definitions
 corporal punishment
 punishment of a physical nature, such as caning,
flogging, or beating
 capital punishment
 the penalty of death for the commission of a crime
 death row
 the part of a prison for housing inmates who have
received the death penalty. Also called death house.
References
 www.google.com
 www.thefreedictionary.com
 www.youtube.com
 English for Lawyers 2, Criminal Law and Criminal Procedure, CJV MU 2014
 Chromá, Marta. Czech-English law dictionary. Leda, 2001.
 Chromá, Marta. English-Czech law dictionary. Leda, 1997.
 Chromá, M. New Introduction to Legal English Volume II. Praha :
Nakladatelství Karolinum, 2003.554 p.
 Powell, R. Law Today. Longman Group UK Limited, 1993. 128p.