Syllabus of the Lecture for Students of the 1St Year of Studies

Syllabus of the Lecture for Students of the 1St Year of Studies

1

Szymanowski Teodor

CRIMINAL LAW

Syllabus of the lecture for students of the 1st year of studies

I.Introduction

1. Definition of the system of criminal law and of auxiliary notions (criminal, penal and penitentiary policy)

2. Sources of criminal law

3. Systems of punishment not included in criminal law

4. Offence as a legal fact in the social context (in relation to pathological and controversial behaviours)

II. Principles of Polish Criminal Law

III. Science of Offences (Basic Notions)

  1. Notion of offence (definition in criminal law) and its elements
  2. Classification of offences
  3. Subject of offence (who is liable and under what conditions)
  4. Object of offence and its objective dimension
  5. Subjective dimension of offence and forms of guilt
  6. Forms of offences
  7. Stages of criminal offence

IV. Exclusion ofCriminal Liability

  1. Countertypes (exclusion of the illegality of an act)
  2. Circumstances excluding guilt
  3. Other factors

V. Science of Punishment, Punitive Measures and Security Measures

  1. Notion of punishment and its substantiations (rationalisations) in a historical overview
  2. Types of penalties in the applicable Criminal Code.
  3. Punitive measures
  4. Security measures
  5. Legal and judicial sentence
  6. Directives (and aims) of judicial sentence
  7. Circumstances implying extraordinary attenuation or aggravation of penalty (offence repetition and others)
  8. Measures of subjecting the convict (the author) to a trial
  9. Mediation in criminal law

Additional topics to be included in the syllabus of the lecture on criminal law

I . Executive Penal Law

  1. Penalty of imprisonment

- aims

- measures of impact

- classification of detention centres and of convicts

- basic rights and obligations

2 Serving the penalty of restricted liberty (and socially useful work

3. Tasks of probation officers in penalty execution process

II. Code of Criminal Proceedings (short presentation)

  1. General characteristics of the Code of Criminal Proceedings
  2. Parties and participants to the criminal proceedings
  3. Coercive measures
  4. Types of proceedings (preparatory, before court, appeal and extraordinary)
  5. Procedures of appeal (appeal proper and complaint) and extraordinary measures of appeal (cassation and proceedings reopening)

III. Specific Part of Criminal Law (selected problems)

  1. Offence against property
  2. Offence against life and health
  3. Offence against family
  4. Offence against road safety
  5. Offence of corruption

Requirements for the credit:

- attendance, pass at the written test

Mandatory Books:

  • Criminal Code (general part and selected provisions)
  • Executive Penal Code (selected provisions)
  • Code of Criminal Proceedings (selected provisions)
  • Selected excerpts from comments to the Codes
  • L. Gardocki – Prawo karne

Recommended bibliography:

  • T. Szymanowski : Polityka karna i penitencjarna w Polsce w okresie przemian prawa karnego, 2004
  • Selected publications on topics included in the syllabus of lectures from the following reviews:

- Państwo i Prawo /State & Law/

- Przegląd Więziennictwa Polskiego/Polish Prison System Review/

- Archiwum Kryminologii/Archives of Criminology/

Note:Optional reviews are selected by the lecturer.

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