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   Course Title    Criminal Process of Foreign Countries
Lecturer    Olga Semoukhina
Institution    Tomsk State University
Country    Russian Fedaration


Course objectives and description:

Course will teach on the fifth year of education for lawyers of criminal justice department and will contain 30 hours.

Course is designed to deep the knowledge in the area of criminal justice organization in democratic foreign countries of Europe and USA. The organization of legal system, police, attorney services, law enforcement organizations in France, Germany, Great Britain and USA are carefully examined. Type of criminal process (models) , kinds of procedure ( combat, inquisition, mixed) is defined for each type of legal system. Students will be given general information about case movement throughout of stages in process from preliminary investigation to the appellate process.

General method:

Comparative type of researching is used. Based knowledge of Russian and foreign constitutional legal systems, which was given on the second year of education for students in TSU Law Institute are used. Classes will combine lecturing with classroom discussions, meetings with the guests and tests. Socratic’s methods of learning will be applied. Real cases will be examined in order to receive reasonable opinion in specific issue of each student.

Special areas of interest in this course are:

  1. Constitutional rights and their defense in the criminal process (arrest, search, other activities of police and prosecutors services).
  2. Rebuilding of court system, creation of new level of courts – local courts- magistrate courts
  3. Changing in the attorney function: new way of prosecutors presentation in the trial
  4. New type of the defense policy issues – combat of the defense and prosecutor attorney in the trial – best way to find a truth ?
  5. Rebuilding of new code of Criminal Process in FR – what need to be change.

Course requirements:

1. General research paper

High quality paper 7-10 pages long.
Topics must be pre-approved with the instructor.
Focus will be made on any special for each student type of legal system. Paper must contain:

  • briefly observation of scholarly/ academic literature addressing the issue
  • research-based position about approved topic
  • general comparative researching in order to understand differences between Russian and foreign countries legal systems, especially in criminal justice field.

Idea of this research is to get acquainted students with different types of legal systems, so that based their development in this area on the firm knowledge of one special foreign country.

2. Special research paper.

Final stage of this course required providing research in one special issue of foreign criminal justice policy. Such work depends on the area of first general work, interest of the student in Russian criminal process and their general interests.

3. Readings

Students must participate in the classroom discussion regarding issues, mentioned in reading books.

4. Class participation:

Students must be deeply involved in the process of lecturing and take part in all classroom activities: discussions, meetings, test.

BOOKS for reading:

Great Britain:

  1. Aparova T.V. Court system of foreign countries. // Socialistic law, 1974 N 3.
  2. Aparova T.V Court and legal process. Great Britain, England, Wales, Scotland: Moscow, Triada,1996
  3. Archer P. English court system. Moscow, 1959.
  4. Broun Keneth S., Black Henry Campbell, M. A.
  5. Golovko. K.D. Reform of criminal procedure in England. // State and law. 1996, N 8.
  6. Guzenko K.F. Criminal process of main capitalistic countries. Moscow, 1969.
  7. Genks Ad. English law. Moscow, 1947.
  8. Cross R. Precedent in English law. Moscow. 1985.
  9. Covalev V.A. , Chaadaev S. G. Investigation body and court system. Moscow. 1985
  10. Poylanskiy N.N. Criminal law and criminal court in England.

USA:

1. Guzenko K.F. Bases of criminal justice in USA., Moscow, 1994.
2. Nikolaichik V.M. Criminal process of USA , Moscow , 1981.
3. Nikolaichik V.M. Bill of Rights and Police Investigation, Moscow, 1973.
4. Blackey Walker J. Evidence. St. Paul, Minn., 1990
5. Emanuel Steven L. Criminal Procedure., Harvard Law school, 1993
Hornstein Alan D. Appellate Advocacy., St. Paul, Minn. , 1984.
6. Wellman Francis L. The art of cross-examination. Macmillan Publishing Co, 1991
7. Wishman Seymour. Anatomy of a Jury. Penguin Books, 1986

France:

1. Bobotov C.V. France criminal justice., Moscow, 1969.
2. Bykova E. Court police. // Russian Justice. , 1994, # 6.
3. Golovko L. V. Preliminary investigation in France., Moscow, 1995.
4. Lamber Jan. A Little judge. Moscow, 1990.
5. Krylova N. Court system of France. // Supreme Court Edition. , 1991, # 5.
6. Criminal Code of France, Moscow, 1967.

German:

1. Dubovik O. Court system in German // Russian Justice ,1993, # 13.
2. Nimller M. Criminal Justice and role of procuratura in the criminal process of German. // Russian Justice, 1994, 10.
3. Roxin C. Staterfahrenstrecht. Munchen, 1993
4. Filimonov B.A. Criminal justice in FRG., Moscow, 1974.
5. Filimonov B.A legal status of defendant in the preliminary proceeding in German.// Edition of MSU, 1991, # 5.
6. Filimonov B.A Theoretical bases in the preliminary investigation in the criminal process of German. // Edition of MSU,1993, # 3
7. Filimonov B.A Bases of evidence theory in criminal process of German., Moscow, 1994.
8. Filimonov B.A Court control under the arrest in the criminal process of German. // Edition of MSU, 1994, # 3 .

Program:

This is approximately structure of special course (academic plan)

First week ( 2 academic hours)

I. .Introduction

1. The main issue of the course, its goals, special methods. Place of the course throughout classes, which were lectured at previous years.

2.Historical forms of the trial. General character of combat, inquisition and mixed types of process.

Homework: mandatory readings of some overview books.

Second week ( 2 academic hours)

II. Brief overview of different types and models of criminal process and justice.

1.Main character of the constitutional bases of criminal procedure in the different countries. Differentiation of process forms in the different stages: preliminary proceeding, trial, appellate process. Main principles of the trial and their historical development.

2. International acts about democratic tendency in area of criminal process.

3.Explanation of general research paper requirements

Homework: general research paper

Third week ( 2 academic hours)

III. Introduction in the criminal process of great Britain.

1. Main characteristics of legal sources. Legislation and their main features. Common law and law of Lord. ( law of state).

2. Main issue of English criminal procedure. Criminal suit as base of English criminal process. Character of main stages at the procedure, their sequence.

Homework: mandatory reading - Great Britain division - general books.

Fourth week ( 2 academic hours)

IV Preliminary investigation - independent stage or simple court control ?

1.Preliminary proceeding, main bodies and actions, they do. Law enforcement acts and evidence role of such documents.

2.Arrest and search - rules and evidences

Homework: special mandatory readings according the list of readings ( Great Britain division).

Fifth week ( 2 hours).

V. Preliminary hearing and trial.

1.Two main trial types: with conviction act and summary procedure.

2.Initial appearance before magistrate judge , decisions about arrest and bail.

3.Trial : fact –finding hearing, jury.

General researching paper deadline

Homework: special mandatory readings according the list of readings ( Great Britain division).

Sixth week ( 2 academic hours).

VI. Court decision review - appellate and extraordinary ways.

1. Appellate process: High Court, Crown Court, Appellate Court and their authority.

Homework: special case analysis - for each student will be given sample practical case from the court practice. Students need to have detailed researching in order to show understanding of Great Britain criminal justice system

Seventh week ( 2 academic hours)

VII. Introduction to the criminal process of USA

1. Main character of legal sources. Influence of English law. Interaction of Constitution, Federal Rules, US Code and common law. Law of states and federation.

2. Issue of criminal process, stages of case movement.
Homework: general mandatory readings according the list of readings (USA division).

Eighth week (2 academic hours)

VIII. Evidence law of USA

1.Evidence law: main definition, plea guilty as main kind of evidence. Truth as result of trial.

2.Requirements to the evidence, cross-examination of witness and testimony

Homework: special mandatory readings according the list of readings (USA division)

Ninth week ( 2 academic hours)

IX Prosecution as one of functions in the criminal process.

1. Attorney authorities: general Attorney and other prosecutors, marshals, Preliminary investigation bodies( police).

2. Compare of state enforcement and fight of common prosecutors.

Homework: special mandatory readings according the list of readings (USA division)

Tenth week ( 2 academic hours)

X. Preliminary investigation in USA.

1.Arrest, search, bail. Initial appearance before magistrate.

2. Issued by court warrant - is base of law enforcement measures. Kind of warrants - special and general.

3. Confirmation of convicted acts

4. Grand Jury and conviction acts ( information).

Homework: special mandatory readings according the list of readings (USA division)

Eleventh week ( 2 academic hours)

XI. Trial procedure in USA

1. Court system: federal and state courts. Jury or professional judges bar.

2. Summary procedure: order of trial. Branch of professional judges (magistrates).

3. Police materials are the based material to check trial before summary procedure

4. Ordinary trial -decision to form a jury.

5. General order - presentation of defense and prosecutors cases.

No homework

Twelfth week ( 2 hours)

XII. Appealing in USA

1. Appellate process ordinary, extraordinary and Habeas Corpus Act.

2. Supreme Court: structure and main functions in criminal procedure area.

Homework: writing a paper to decide if plea guilty bargaining ( like in USA) can be applied in the Russian criminal process.

Thirteenth week ( 2 academic hours)

XIII. Introduction to the criminal process of France

1. Main character of sources. Napoleon Code 1808.Chanchings before World War the II, reforming during 1958 –1963. Criminal process Code 1958. Last changing of 1992 –1993.

2. Main theories of evidence law: definition of evidence. Different kinds of evidence: plea guilty, expertise, documents.

3. Criminal suit in case.

4. Court police as body of preliminary proceeding. Court Judge. Main enforcement actions.

5. Conviction camera : goals and authorities.

Homework: special research paper according requirement in the syllabus

Fourteenth week (2 academic hours)

XIV. Court system and trials in France.

1. Assize court; kinds of decisions.

2. Kinds of tribunals: police and corrected.

3. Appeal and cassation : decisions, general character of procedure.

4. "School of new social defense" and tendency of personal criminals researching.

Homework: mandatory reading according the list( France division).

Fifteenth week ( 2 academic hours)

XV. Introduction to the criminal process of German.

1. General character of sources: Criminal process Code 1877. Reforms during first half of 20 century." Small reform of criminal process in 1964." Following changes in Criminal process Code 1987.

2. Evidence law: main theories, goals, and kinds of evidence forbidden of evidence.

3. Criminal procedure of enforcement: court control about arrest ant search.

4. Attorney as body of preliminary proceeding. Forms of investigation.

Homework: mandatory readings according the list (German division).

Sixteenth week ( 2 academic hours).

Trial in Germany - type of process and reforming tendency.

  1. Court system of Germany.
  2. Pre-trial and trial procedure in court.
  3. Appellate process (forms and decisions). Revision ( revision complain).
  4. Renew of criminal procedure.
  5. Special kinds of procedure.

Homework: deadline for the special research paper.

 

Title of course

Year of education, where it be studied

Useful information of the course, which can be used for suggested course

State law of foreign countries

2

- general characteristics of state system of modern foreign countries

- main structure of state bodies of each country, court, police, prosecutor service

Criminal process of RF

3

-all knowledge about : preliminary proceeding, arrest, search, bail, trial, appellate procedure, evidence law. This information will be base for the comparative research of Russia and foreign countries.

International Public law

4

-international crimes and their characteristics

-international criminology: social aspect of criminal struggles

- international procedure , which regulate work of international tribunals

International bases of struggle against criminality

5

-activity and functions of Interlope and other international organizations

-practice in international interaction of different countries in area of criminal justice

Comparative jurisprudence

5

-bases of special method of comparative law in criminal justice

-theory of compression of legislation in different countries

-special research methods in foreign countries on the base of comparative method



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