Criminal Procedure Law

GENERAL INFORMATION ABOUT THE COURSE
Course titleCriminal Procedure Law
Chair of Criminal Law Sciences
Number of ECTS credits9
Lecturerizv.prof.dr.sc. Ante Novokmet
Office AddressRadićeva 13 57
Telephone+385 31 224 557
e-mailante.novokmet@pravos.hr
Lecturerizv.prof.dr.sc. Zvonimir Tomičić
Office AddressRadićeva 13 9/17
Telephone+385 31 224 581
e-mailtomicic.zvonimir@pravos.hr
Lecturerizv.prof.dr.sc. Ante Novokmet
Office AddressRadićeva 13 57
Telephone+385 31 224 557
e-mailante.novokmet@pravos.hr
Lecturerizv.prof.dr.sc. Zvonimir Tomičić
Office AddressRadićeva 13 9/17
Telephone+385 31 224 581
e-mailtomicic.zvonimir@pravos.hr
COURSE DESCRIPTION
Course content

This course enables participants to define and distinguish basic terms, principles and institutes of criminal procedural law, understand basic institutes of criminal procedural law in historical and positive legal perspective and critically analyze the effects of basic terms, principles and institutes of criminal procedural law, develop knowledge and skills for independent professional analysis of positive legal provisions necessary for understanding criminal procedure relations and independent work in criminal justice. The content of the course is divided into two parts: general and special part, thematically as follows: I. GENERAL PART: The term and purpose of criminal procedural law I. Criminal Procedure and Criminal Procedure Law II. Three historical types of criminal procedure and criminal procedural law III. Qualitative conditions for achieving the purpose of modern criminal procedure Criminal procedural law as part of the state legal order I. Criminal procedural law and constitutional law II. Criminal procedural law and substantive criminal law III. Criminal procedural law and other procedural rights Sources of criminal procedural law - their origin and validity I. Sources of criminal procedural law - their definition and origin II. Primary sources of criminal procedural law in the Republic of Croatia III. Secondary sources of criminal procedural law in the Republic of Croatia IV. Validity of legal sources of criminal procedural law in the Republic of Croatia Principles of criminal procedural law I. The definition and purpose of the principle of criminal procedural law II. Applicable principles of Croatian criminal procedure law Subjects of criminal proceedings I. Court and court staff II. Parties III. Other participants in the criminal proceedings General terms of actions in criminal proceedings I. The concept of action in criminal proceedings (procedural actions) II. Legal preconditions for taking procedural actions and the occurrence of their effects III. Irregularities and legal action (validity) of procedural actions IV. Party abuses of procedural actions Court decisions in criminal proceedings I. The terms and types of court decisions II. General regulations on court decisions III. Finality Actions and measures of procedural coercion in criminal proceedings and restrictions on the fundamental rights and freedoms of citizens I. In general on the constitutional permission to restrict fundamental rights and freedoms for the purposes of criminal law procedure II. Actions and measures of procedural coercion in order to obtain evidence and objects that serve in determining fact III. Measures to ensure the presence of the defendant and other precautionary measures II. SPECIAL PART: Generally about the course of criminal proceedings I. Croatian criminal proceedings - main stages II. Basic forms of Croatian criminal procedure III. General overview of the course of criminal proceedings Previous procedure I. In general II. Pre-investigation procedure (in general, criminal charges, criminal investigations, urgent evidentiary actions) III. Investigation IV. Research V. Evidentiary actions VI. Judicial control of prosecution VII. Indictment and judicial review of the indictment Hearing on and judgment I. Hearing in general II. Preparations for hearing III. Hearing in the narrow sense IV. Judgment Remedies I. In general II. Regular remedies III. Extraordinary remedies Procedure for issuing a criminal warrant Peculiarities of criminal proceedings on a private lawsuit Special procedures I. Treatment of Defendants with Mental Disabilities II. Procedure for confiscation of property and property benefits III. Procedure for revocation of a suspended sentence IV. Procedure for issuing an arrest warrant and publication Establishing facts in criminal proceedings I. General information on the facts to be established in criminal proceedings II. Fact-finding subjects III. The degree of certainty with which the facts must be established IV. Ways of establishing facts V. Own observation of the procedural body and actions in criminal proceedings in which it is applied to establishing the facts VI. General questions of evidence and proving process VII. Certain types of evidence in the narrower sense of the word

Course learning outcomes

After completing the course and passing the exam, students should be able to: Define and explain the basic institutes of criminal procedural law in theory and positive law, Analyze the content and effect of the submission and the decisions in criminal procedure, Describe the course of criminal proceedings and explain procedural institutes of the same, Critically analyze and solve problems and tasks in the field of criminal procedure law, Write a warrant, writ, indictment, verdict, appeal,

TEACHING METHODS
☑ 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
Students are required to actively participate in a minimum of 70% of classes
LIST OF LITERATURE FOR STUDIES AND EXAMS
Required reading
Vladimir Ljubanović, Ante Novokmet, Zvonimir Tomičić. Kazneno procesno pravo - izabrana poglavlja. 2020. Pravni fakultet Osijek
Davor Krapac. Kazneno procesno pravo, prva knjiga: Institucije. 2015. Narodne novine
. Zakon o kaznenom postupku . 2019. Narodne novine 152/08, 76/09, 80/11, 121/11, 143/12, 56/13, 145/13, 152/14, 70/17, 126/19
Optional reading
Marin Bonačić, Zlata Đurđević, Stjepan Gluščić, Elizabeta Ivičević Karas, Ivo Josipović, Hajrija Novoselec,. Kazneno procesno pravo: Primjerovnik. 2017. Narodne novine
Vladimir Bayer. Kazneno procesno pravo, knjiga II., Povijesni razvoj kaznenog procesnog prava. 1995. Ministarstvo unutarnjih poslova Republike Hrvatske,