Advanced Criminal Procedure
Volledige vakbeschrijvingThe course concentrates on the developments in criminal procedure from a human rights perspective, especially the European Convention on Human Rights. The emphasis is on the interaction between the case law of the European Court of Human Rights and national criminal proceedings. The course will elaborate on the prohibition of torture and inhuman and degrading treatment and violent police conduct (Article 3 ECHR) the right to liberty in relation to pretrial detention (Article 5 ECHR), the presumption of innocence and right to fair trial (Art. 6 ECHR) and the right to privacy in relation to investigative measures (Art. 8 ECHR).
Doelstellingen van dit vak- insight into the influence that the ECHR exerts on national criminal procedure; - insight into areas in which the ECHR holds or can hold little to no influence; - insight into the interaction between national law and human rights conventions, and national judicial authorities and the ECtHR; - knowledge of important judgments of the ECtHR in which a violation of Art 3, 5, 6 and 8 ECHR in criminal procedures has been established, and of the most important basic principles that can be deduced from this case law; - development of a critical stance towards studied problems.
Voorwaarden- BLL. In case of a Bachelor in other discipline entrance exam for the master Forensics Criminology and Law is required
Aanbevolen literatuur- Harris, O’Boyle and Warbrick, Law of the European Convention on Human Rights, 3rd. Ed., Oxford University Press, 2014 - Human Rights Handbooks nrs. 1, 3, 5, 6 available on the ECtHR website: http://www.coe.int/t/dghl/publications/hrhandbooks/index_handbooks_en.as p
26 okt 2020
18 dec 2020
Taal van de opleiding:Engels
Onderwijsmethode:PBL, Lecture(s), Assignment(s)
Trefwoorden:- Human rights and criminal procedure - Torture - Deprivation of liberty - Fair trial - Presumption of innocence - Right to silence - Criminal procedure and privacy