Selected Problems of Czech Criminal Law
JUDr. Jan Provazník, Ph.D.
Selected Problems of Czech Criminal Law

General Information

 

Dear colleagues,

 

I regret very much that the current epidemic crisis continues to hamper standard way of your Erasmus study, but that is just the way it is. Below you will find general information on the course including the requirements for credits.

The main point is that according to hygiene authority's as well as university's regulation, personal attendance on lessons has been cancelled. The lessons will take place virtually via MS Teams application (you will be invited to the group) on times on which the regular "live" lessons would have normally taken place. Your presence on virtual lessons is not obligatory, so if you haven't the chance to join us due to technical, medical etc. reasons, it doesn't matter and it won't affect your final mark (but see below for the chance to get extra points for active participation on lessons). 

As I'm sure you'll understand that given the constantly changing situation doesn't favor conditions that are given once and for all, I have to reserve the right to adapt the setting of this course to the possible development when necessary. However, as we start this course already in distant form, there is not much room for further deterioration of the teaching-learning process. 

 

Programme of Lectures

 

Venue 

Wednesdays 16:00 – 17:40, via MS Teams - you will be invited to your group,

 

Schedule:

7. 10.     Introduction to Czech Criminal Law. Crime as the Basis of Criminal Liability in the Czech Criminal Law. (J. Provazník)

14. 10.   The System of Criminal Sanctions in the Czech Criminal Law (J. Provazník)          

21. 10.   Introduction to the Special Part of the Czech Criminal Code. (J. Provazník)

4. 11.   Juvenile Justice in the Czech Republic. (E. Brucknerová)

11.11.    Criminal Law and Protection of Human Rights (J. Provazník)

18. 11.     Probation and Mediation Service. Diversions in the Criminal Proceedings. (E. Brucknerová) 

25. 11.   Introduction to the Czech Criminal Procedure – Basic Principles, Stages of Criminal Proceedings. (D. Čep)

2. 12.   The Role and Function of Public Prosecutor in the Preliminary Proceedings. (J. Fenyk)

9. 12.   The System of Courts, the Role and Function of the Court in the Criminal Proceedings.  (J. Fenyk)       

16. 12.     Evidence Proceedings. (D. Čep)  

6. 1.   Defense in the Criminal Proceedings. (M. Hrušáková) 

13. 1.  Presentation and evaluation of essays and discussion about them. (J. Provazník)

The order of the lectures may be subjected to change due to unexpected academic duties of the lectures.  

 

Literature

FRYŠTÁK, Marek, Věra KALVODOVÁ a Jan PROVAZNÍK. Selected Problems of the Czech Criminal Law. Brno: Masaryk University, 2015. ISBN: 978-80-210-7985-4.

FRYŠTÁK, Marek; ČENTÉŠ, Jozef; SZCZECHOWICZ, Corporate Criminal Liability in the Czech Republic, Slovakia and Poland. Brno: Masaryk University, 2016. ISBN: 978-80-210-8382-0.

KARABEC, Zdeněk; VLACH, Jiří; HULMÁKOVÁ, Jana et al. Criminal justice system in the Czech Republic. 3rd edition. Prague: Institute for Criminology and Social Prevention, 2017. ISBN: 978-80-7338-168-4.

MRÁZKOVÁ, Iva (eds.) Penal Code. Prague: Wolters Kluwer, 2011. ISBN: 978-80-7357-674-5.

ZEMAN, Petr. (eds.). Research on Crime and Criminal Justice in the Czech Republic. Prague: Institute for Criminology and Social Prevention, 2017. ISBN: 978-80-7338-165-3.

Code of Criminal Procedure. Prague: Wolters Kluwer, 2011. ISBN: 978-80-7357-683-7.

Selected translated decision of the Constitutional Court of the Czech Republic. Online. Available from: https://www.usoud.cz/en/decisions/

 

Requirement for successful ending of this course

An essay and a presentation of its findings so that your colleagues can discuss upon it on the last lesson.

 

For both of these requirements, you can get up to 12 points. To successfully finish this subject, you need to get at least 6 points in each requirement and at least 16 points in total. The classification is as follows:

 

24 – 23 A, 22 – 21 B, 20-19 C, 18 – 17 D, 16 E.

 

Attending the lessons is not mandatory. However, you may get an additional 0,5 point for active participation on each lesson you decide to attend upon the teacher’s discretion. You can mostly show your activity by taking part in discussions during lessons, namely by being able to describe and explain basics of criminal justice systems and overview of substantive criminal law in your countries regarding the topics of the lessons. 

 

Essay: You may choose any topic you like without having to previously consult it with the teacher, but your topic must relate to the Czech criminal law (could be also a comparison with your country’s law, which is usually a safest choice - e. g. comparison of the system of sanctions, criminalization of substances abuse etc.).

I understand that given the current situation, you'll be facing difficulties with getting materials on Czech criminal law in English. Rest assured that I will keep this in mind and that the demands on sources of your essays won't be nearly as hard as they would were you allowed to study here in Brno in person for the whole semester. As a perfectly valid source, I'll accept the powerpoints for each presentations (they will be uploaded to this syllabus + whatever will you be able to find on the net.

The essay has to be structured into introduction, text, conclusions and list of sources. Minimal range is 10 pages including references, maximal range is unlimited. Please submit your essays via e-mail jan.provaznik@law.muni. Deadline for essay’s submission is 6. 1. 2021!

 

Presentation: You have to prepare a short presentation of your essay (5-10 minutes) for the last lesson in which you introduce your essay’s topic and your conclusions to your classmates. If you are unable to join us on the last virtual lesson, we can arrange another term during the exam period. 

Contact

Jan Provazník

E-mail: jan.provaznik@law.muni.cz

 

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