Criminal Law and European Convention on Human Rights
GENERAL INFORMATION ABOUT THE COURSE | |
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Course title | Criminal Law and European Convention on Human Rights |
Chair of Criminal Law Sciences | |
Number of ECTS credits | 4 |
Lecturer | izv.prof.dr.sc. Ante Novokmet |
Office Address | Radićeva 13 57 |
Telephone | +385 31 224 557 |
ante.novokmet@pravos.hr |
COURSE DESCRIPTION |
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Course content |
The Convention on the Protection of Human Rights and Fundamental Freedoms is the most important legal source of the Council of Europe. Certain obligations of rights and freedoms are guaranteed by the Convention and its supplementary protocols from the point of view of criminal law (with reference to the practice of the European Court of Human Rights). The mechanism for monitoring compliance with the Convention. Obligation to respect human rights. The right to life. Prohibition of torture. Prohibition of slavery and forced labor. The right to freedom and security. The right to a fair trial. Presumption of innocence. Due process. The principle of legality. The right to respect for private and family life. Freedom of thought, conscience, and religion. Freedom of expression. Freedom of assembly and association. The right to an effective legal remedy. Prohibition of discrimination. Derogation during the state of emergency. Restrictions on the political activity of foreigners. Property protection. Prohibition of debt prison. Freedom of movement. Right to appeal in criminal cases. Damages due to a wrongful judgment. The right not to be tried or punished twice in the same matter. |
Course learning outcomes |
After completing the course, the student will be able to: 1. Interpret important decisions of the European Court of the Protection of Human Rights and Fundamental Freedoms and their significance for the development of criminal law in the broader sense of the word , Describe the latest developments in the practice of the European Court of the Protection of Human Rights and Fundamental Freedoms in the protection of fundamental human rights related to criminal, criminal procedural, and criminal enforcement law and their impact on Croatian criminal legislation, 3. Compare the differences in the interpretation of the European Convention of the Protection of Human Rights and Fundamental Freedoms in the practice of the European Court of the Protection of Human Rights and Fundamental Freedoms, 4. To analyze the impact of the practice of the European Court of the Protection of Human Rights and Fundamental Freedoms on changes in the legal regulation of important substantive and procedural institutes in Croatian criminal law, 5. Analyze and argue for changes in the practice of Croatian courts that were influenced by the practice of the European Court of the Protection of Human Rights and Fundamental Freedoms, |
TEACHING METHODS | |
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☑ Lectures ☐ Seminars and workshops ☐ Exercises ☐ Independent tasks ☐ Multimedia and internet | ☐ Distance education ☐ Office hours ☐ Laboratory ☐ Field work ☐ Mentoring work ☐ Knowledge test |
EXAMINATION PROCEDURE | |
☑ Oral exam ☑ Written exam ☐ Colloquium |
Other: |
ADDITIONAL FACTS |
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LIST OF LITERATURE FOR STUDIES AND EXAMS |
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Required reading |
Krapac Davor. Kazneno procesno pravo. 2014. Narodne novine d.d. |
Omejec Jasna. Konvencija za zaštitu ljudskih prava i temeljnih sloboda u praksi Europskog suda za ljudska prava : Strasbourški acquis, 2. dop. Izdanje. 2014. Novi informator |
Optional reading |
Pavišić Berislav. Kazneno pravo Vijeća Europe. 2006. Golden marketing - tehnička knjiga |
Krapac Davor. Presude Europskog suda za ljudska prava protiv Republike Hrvatske u kaznenim predmetima. 2013. Pravni fakultet Sveučilišta u Zagrebu, urednice Zlata Đurđević, Elizabeta Ivičević Karas |