Study:	Civil Law - 9. semester Commercial Law - 9. semester Constitutional-Administrative - 9. semester Criminal Law - 9. semester International Law - 9. semester The European Union Law - 9. semester
Code:	74558
ECTS:	4.0
Course coordinators:	prof. dr. sc. Zlata Đurđević izv. prof. dr. sc. Zoran Burić
Exam dates:	26. 06. 2023. 10. 07. 2023. 28. 08. 2023. 11. 09. 2023. Exam registration: Studomat

Literature:

Đurđević, Zlata; Pravni položaj počinitelja kaznenih djela s duševnim smetnjama; Sveučilišna tiskara, Zagreb (2002), str. 207-230

Optional literature:

Đurđević, Zlata; Pravni okvir za primjenu prisilne hospitalizacije: regulativa i kritički osvrt, u Štrkalj Ivezić, Slađana i suradnici (ur.), Medicinski i pravni okvir za prisilnu hospitalizaciju osoba s duševnim smetnjama, Smjernice za primjenu prisilne hospitalizacije u praksi; (2011), str. 9-34 Đurđević, Zlata; Ivičević Karas, Eilzabeta (ur.); Presude Europskog suda za ljudska prava pšrotiv Republike Hrvatske u kaznenim predmetima; Sveučilište u Zagrebu (2012), str Goreta, M.; Peko-Čović, I.; Buzina, N.; Mužinić Masle, L.; Majdančić, Ž.,; Prisilno zadržavanje i prisilni smještaj s forenzičkopsihijatrijskog aspekta; Hrvatsko udruženja za kaznene znanosti i praksu (2002), str. 63-83 Novoselec, P:; Bojanić, I.; Opći dio kaznenog prava; Pravni fakultet u Zagrebu (2013), str. 220-238, 450-458 Sušić/Biško/Gruber/Guberina Korotaj; Neubrojiva osoba u procesu od istražnog zatvora da realizacije prislinog smještaja; Hrvatsko udruženja za kaznene znanosti i praksu (2013), str. 139-157 Tripalo, Dražen; Burić, Zoran; Položaj neubrojivih počinitelja protupravnih djela u kontekstu novog hrvatskog kaznenog zakonodavstva; Hrvatsko odruženja za kaznene znanosti i praksu (2012), str. 507-512, 521-529

Description:

In the course the student gets acquainted with basic knowledge of forensic psychiatry and legal institutes that define the foundations of the legal status of persons with mental disorders through the presentation and analysis of the following thematic units: 1. Basic concepts and principles of involuntary placement through the provisions Mental Law Act (ZZODS), 2. Case law of the ECrtHR on Involuntary Detention, 3. Basic Psychiatric Concepts and Principles of Involuntary placement (Psychopathology and Danger), 4. Psychiatric Aspects of Involuntary Detention and Involuntary placement of "Civilian Patients" under ZZODS, 5. Legal Regulation of Involuntary placement of civilian patients in the Croatian legal system, 6. Psychiatric aspects of involuntary placement of mentally insane defendants, 7. Criminal proceedings against defendants with mental disabilities and the procedure of involuntary placement of mentally insane defendants. A significant part of the course is dedicated to fieldwork: a visit to the "civil department" and "forensic department" of the Psychiatric Hospital Vrapče, visit to the court hearing in the procedure of forced accommodation and acquaintance with the case file. The student is also trained in practical skills in writing an appeal against the decision on involuntary placement.

Cognitive Skills:

Knowledge and understanding

After successfully completing the course, students will be able to:

- define basic concepts and principles of criminal law position of persons with mental disorders;

- explain reasons for special legal position of persons with mental disorders within criminal justice system;

- indicate breakpoints in the historical development of (criminal) legal position of persons with mental disorders;

- describe the significance of the judicature of the European Court of Human Rights for the legal position of persons with mental disorders;

- recognise differences in criminal law position of persons with mental disorders in selected legal orders;

- explain basic characteristics of criminal liability and criminal procedure involving persons with mental disorders in the Republic of Croatia;

- descrtibe basic characteristics of involuntary placement.

 

Application

After successfully completing the course, students will be able to:

- interpret Croatian law on involuntary placement in accordance with the judicature of the European Court of Human Rights;

- distribute different legal rules that regulate the position of persons with mental disorders in accordance with their legal power and scope of application;

- apply Croatian legal rules related to legal position of persons with mental disorders;

- apply Croatian legal rules related to the legalposition of persons with mental disorders;

- demonstrate differences in the legal position of persons with mental disorders in legal systems of selected countries.

 

Analysis

After successfully completing the course, students will be able to:

- connect characteristics of the legal position of persons with mental disorders in the Republic of Croatia with the judicature of the European Court of Human Rights;

- distinguish legal position of different categories of persons with mental disorders (mental incapacity, limited mental capacity) ;

- compare the legal position of persons with mental disorders in the Republic of Croatia and selected countires;

- analyse provisions of the Protection of Persons with Mental Disorders Act;

- distinguish legal position of persons with mental disorders from the legal position of general population;

- indicate questionable issues of legal regulation and practice of treatment of persons with mental disorders.

 

Synthesis

After successfully completing the course, students will be able to:

- formulate conclusions about the justifiability of the existing legal position of persons with mental disorders;

- propose changes in the existing legal position of persons with mental disorders;

- prepare a presentation about some of the relevant topics about the legal position of persons with mental disorders;

- prepare an appeal against the decision about involuntary placement.

 

Evaluation

After successfully completing the course, students will be able to:

- evaluate justifiability of the existing legal position of persons with mental disorders;

- estimate successfulness of the adjustment of the Croatian legal system with the demands that derive from the judicature of the European Court of Human Rights;

- recommend changes of individual provisions that regulate legal position of persons with mental disorders;

- compare legal position of persons with mental disorders in Croatian and selected legal orders.

Practical and Generic Skills:

After successfully completing the course, students will be able to:

- publicly present learning outcomes,

- express themselves in a clear, well structured text explaining their standpoints;

- develop communication skill;

- participate in team work.

Matching Assessments to Learning Outcomes:

Knowledge is assessed:

- during classes through interaction between th eteacher and students

- active participation of students is encouraged by examples, questions and so on;

- discussion about examples from the practice of European Court of Human Rights and national courts

- analysis of regulations in Croatian and foreign laws about the legal position of persons withmental disorders

- active participation in study visits (to a court and mental institution)

- preparation of an appeal against the decision of forced accommodation

- oral part of the examination

Consultations schedule:

• izv. prof. dr. sc. Zoran Burić:

  Thursdays from 2 p. m.

  Location: Gundulićeva 10, room 21