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:	159422
ECTS:	4.0
Course coordinators:	prof. dr. sc. Davor Derenčinović doc. dr. sc. Marta Dragičević Prtenjača
Lecturers:	doc. dr. sc. Aleksandar Maršavelski - Lectures
Exam dates:	31. 08. 2020. 14. 09. 2020. Exam registration: Studomat

Literature:

George P. Fletcher,; Basic Concepts of Criminal Law,; Oxford University Press (1998) ed. Johannes Keiller + David Roef; Comparative Concepts of Criminal Law; Intersentia - Cambridge (2016), str. 281-303

Optional literature:

Markus D. Dubber and Kevin J. Heller (eds),; Handbook of Comparative Criminal Law,; Stanford University Press (2010) Mirjan R. Damaška,; The Faces of Justice and State Authority: A Comparative Approach to the Legal Process,; Yale University Press (1986) George P. Fletcher,; Rethinking Criminal Law,; Oxford University Press (2000)

Description:

The course Comparative Criminal Law has not so far been taught at the Zagreb law Faculty. The course foresees to provide an overview of different criminal law and criminal justice systems and also how they operate within the main legal traditions of the world. It will look at comparative criminal law as a discipline, focusing on its method, history, and contemporary problems. The course uses comparative methodology to highlight similarities and differences between and within legal traditions. The course will be taught on semester basis, and it will be offered as specialised, elective course at the final year of the graduate five-year Bologna program in law as well as to students enrolled at other programs at the University. This course will compare the history, jurisprudence, and specific practices of the criminal justice systems in Europe with the common law systems and much of the rest of the world. This will enable the participants/students to compare different legal systems in field of criminal law.

Cognitive Skills:

 

KNOWLEDGE AND UNDERSTANDING
After successfully mastering the course students will be able to:
- Knowledge and understanding of criminal law, and its institutes, principles and criminal offenses, and the common law system's and continental civil law jurisprudence. 

- Knowledge and classification of different legal systems.

- Knowledge of the structure and functioning of legal institutes in different legal systems

- Understanding sociological, political, historical, economic and cultural factors that shaped different criminal justice systems.

- Knowledge and skills for analyzing and solving complex legal problems, interpretations of the law and court decisions of domestic, foreign and international courts.

- Ability of critical thinking and argumentation related to legal problems in different jurisdictions.

- Skills of applying comparative legal method

 

APPLICATION
After successfully mastering the course students will be able to:
- Interpret concepts of the criminal law and the different legal systems

- Demonstrate mutual conditionality and connectivity of general and special part of the criminal law;
- Apply the knowledge gained in practice;
- Use correct terminology of the criminal law regarding different legal systems

ANALYSIS
After successfully mastering the course students will be able to:
- Check the level of implementation of the principle of the rule of law in the area of criminal law and practice;
- Compare the Croatian criminal law system with criminal law systems of other countries and to examine its compliance with the European Union law;
- examine and categorize the different theoretical models and institutes of criminal law in different systems;
- Analyze the existing case law in the area of criminal law;

SYNTHESIS
After successfully mastering the course students will be able to:
- Propose the necessary changes in criminal law and jurisprudence;
- formulate basic features, advantages and disadvantages of the legal and judicial penalization policy and propose solutions for improving these systems;
- Build a methodological system for making written works in the field of comparative criminal law;
- Devise a protocol writing of the work, to formulate appropriate hypotheses and draw up a concept with the model work of literature;

EVALUATION
After successfully mastering the course students will be able to:
- Evaluate the quality, sustainability and feasibility of legal and theoretical institutes of criminal law in practical terms;
- Choose further study of individual segments of comparative criminal law and evaluate which is the most appropriate area for further sub-specialization;
- evaluate criminal law of the common law system's and continental civil law jurisprudence.

 

Practical and Generic Skills:

Students will gain knowledge and analytical skills in the area of ​​comparative law - the study of differences and similarities between the law of different countries. More specifically, it involves study of the different legal systems in existence in the world, including the common law, the civil law and other systems. The special focus on criminal law in the comparative perspective Ensures necessary competences and skills.

 

After successfully mastering the course students will be able to:
- Present the learning outcomes;
- Express the respective level of argumentation of own thesis;
- Improve communication skills;
- Participate in teamwork.

- Evaluate the quality, sustainability and feasibility of legal and theoretical institutes of criminal law in practical terms;

- Understand different legal systems and its diversity 

- Ability of critical thinking and argumentation related to legal problems in different jurisdictions.

- Skills of applying comparative legal methods

 

Matching Assessments to Learning Outcomes:

1st Written and oral examination to verify the outcomes of learning - knowledge and understanding
second Presentations-  to verify the learning outcomes - application, analysis, synthesis and evaluation-
third Grades will be given during the class when the students evalauting acitvity, presentations and knowledge shown in the written and oral examination. The criteria for evaluation are all learning outcomes - demonstrated knowledge and understanding of matter of comparative criminal law, the ability to apply regulations on hypothetical and real cases from the judicial practice, the ability of analysis and synthesis and evaluation of appropriate content adopted during class. The students will write an open-book exam in which they will have to analyze and solve a given case and three different jurisdictions.  The course conclusions will open a final discussion about the main topics learned in the course and provide course evaluation.

Consultations schedule:

• prof. dr. sc. Davor Derenčinović :

  Wednesday 5 p.m., room 41/II, Trg Republike Hrvatske 14

  Location: Trg Republike Hrvatske 14, room 41/II
• doc. dr. sc. Marta Dragičević Prtenjača :

  Friday  at 12 

  Location: Trg Republike Hrvatske 14, room 36, II kat
• doc. dr. sc. Aleksandar Maršavelski :

  Wednesday at 18h (Gundulićeva 10, room No. 12)

  Location: Gundulićeva 10, room 12