Infopaket

Comparative Criminal Law and Process

ОК 28

Обов’язкова дисципліна для ОП

First

2021/2022

4 Semester

4

Acquisition by students of the necessary methodological knowledge in the field of discovering the main ideas of punishment theory, comprehending the difference between criminal law and procedure, understanding the origins of principle of legality, as well as discerning different approaches to the concept of crime in English, German and French criminal laws, which allows the application of acquired knowledge in relations with foreign elements. Anticipate and articulate legal risks of particular actions taking into account the multiplicity of legal systems and jurisdictions. Provide legal opinions and consultations, legal support for the main types of international cooperation and foreign trade operations, formulate a legal position in the interests of the client.

This course is an essential discipline for students of the 2nd year of studies. Mandatory requirements are proficiency in English and basic knowledge of the following courses: Theory and History of State and Law, History of Political and Legal Thought, Comparative Constitutional Law, Modern Legal Systems.

Thematic plan of the discipline: 1. Comparative Criminal Law (CCL), History and functions of CCL, methodology of studying 2. CCL, the Punishment theory, the difference between criminal law and procedure, principle of Legality 3. CCL, the Concept of Crime in English, German and French Criminal Law 4. CCL, general part of German Criminal Code and general provisions of France Penal Code 5. CCL, French Penal Code, Book I (Articles 131-1 to 133-17) and German Criminal Code, Chapter III (Sections 38 to 79b) 6. CCL, French Penal Code, Book II (Articles 211-1 to 432-17) 7. CCL, German Criminal Code, Special Part (Sections 80 to 168) 8. CCL, French Penal Code (Articles 433-1 to 521-2) and German Criminal Code, Special Part (Sections 169 to 323c) 9. CCL, French Penal Code, Book II (Articles 711-1 to 727-2) and German Criminal Code, Special Part (Sections 324 to 358) 10. Comparative Criminal Process (CCP), a comparative view on criminal procedure, inquisitorial-adversarial dichotomy 11. CCP, German Code of Criminal Procedure, Book 1 (Sections 1 – 149) and General provisions of French Code of Criminal Procedure 12. CCP, Proceedings in the first instance of German Code of Criminal Procedure, Book 2 and of French Code of CP 13. CCP, Appel (appellate remedies) provisions in German Code of CP and French Code of CP 14. CCP, Cassation and Revision provisions in German Code of CP and French Code of CP 15. CCP, Special types of procedure and enforcement of sentence within German and French Codes of CP

1. Comparative Criminal Law. Development – Aims – Methods. Albin Eser. Verlag C. H. Beck, Germany, 2017 2. Comparative Criminal Law: An Economic Perspective. Mojtaba Ghasemi. Asian Journal of Law and Economics. 2015 3. Criminal procedural laws across the European Union – A comparative analysis of selected main differences and the impact they have over the development of EU legislation. Elodie Sellier, Anne Weyembergh, Université Libre de Bruxelles. 2018 4. German Code of Criminal Procedure (Strafprozeßordnung – StPO). Code of Criminal Procedure as published on 7 April 1987 (Federal Law Gazette I, p. 1074, 1319), as last amended by Article 3 of the Act of 11 July 2019 https://www.gesetze-im-internet.de/ englisch_stpo/englisch_stpo.html 5. Turner, Jenia I. Plea Bargaining and Disclosure in Germany and the United States: Comparative Lessons, 57 William & Mary Law Review 1549-1596 (2016).

Lecture, seminar, performing tasks of independent work

Evaluation is carried out according to the modular rating system. Current control: answers (up to 56 points), additions (up to 4 points), independent work (up to 10 points), final modular test (up to 34 points). The form of final control is credit.

English