European and Transnational Criminal Law and Procedure
Course code
AKJ6384.YK
old course code
Course title in Estonian
Euroopa Liidu ja transnatsionaalne kriminaalõigus ja -menetlus
Course title in English
European and Transnational Criminal Law and Procedure
ECTS credits
6.0
Assessment form
Examination
lecturer of 2023/2024 Spring semester
Not opened for teaching. Click the study programme link below to see the nominal division schedule.
lecturer of 2024/2025 Autumn semester
Not opened for teaching. Click the study programme link below to see the nominal division schedule.
Course aims
The objective of the course is to develop a theoretical understanding of the principles of criminal law and criminal procedure; to understand the criminal legal system, to understand the fundamentals of evidence and rules of criminal procedure; and to develop skills in the practical application of the Code of Criminal Procedure. In addition, the course aims to provide an understanding of issues pertaining to transnational criminal law.
Brief description of the course
The course covers the sources, principles and subjects of criminal procedure, procedural actions, time limits, commencement and termination of criminal proceedings pre-trial procedure, court procedure, criminal procedural remedies. The student will get an overview of the system of general part and special part of the Criminal Law, interpretation of provisions and methodology of solving cases. The course will also discuss transnational crimes and the mechanisms, by which States cooperate with each other and with international institutions in order to enforce their national criminal law. Topics discussed include: human trafficking, money laundering, trafficking in illegal items (drugs, weapons, antiquities, flora and fauna, body parts), and other transnational crimes. Also discussed are the main aspects of EU criminal law including: the history and institutions of EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonization in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation.
Learning outcomes in the course
Upon completing the course the student:
- knows the general system of criminal procedure, the sources and the terminology of criminal procedure; the main principles and rules of criminal procedure;
- can comprehend the rules for pre-trial procedure and court procedure for criminal offences;
- can find and use relevant case law and scientific literature;
- understands different avenues of administrative and judicial review available at various stages of criminal proceedings;
- comprehends coercive measures available in criminal procedure to secure assets and/or attendance and participation of procedural actors;
- understands the rules of evidence and solves practical cases;
- understands general principles of criminal law, their connection and the criminal justice system;
- knows legal requirements applicable to particular instances of procedure;
- can interpret and apply the provisions of Criminal Law;
- understands the main aspects of EU Criminal Law, which is a fast growing area of EU law;
- has an understanding of what is transnational criminal law;
- understands the impact on the protection of fundamental rights and the relationship between the individual and the State;
- understands how States cooperate with each other in enforcing their national criminal law.
- knows the general system of criminal procedure, the sources and the terminology of criminal procedure; the main principles and rules of criminal procedure;
- can comprehend the rules for pre-trial procedure and court procedure for criminal offences;
- can find and use relevant case law and scientific literature;
- understands different avenues of administrative and judicial review available at various stages of criminal proceedings;
- comprehends coercive measures available in criminal procedure to secure assets and/or attendance and participation of procedural actors;
- understands the rules of evidence and solves practical cases;
- understands general principles of criminal law, their connection and the criminal justice system;
- knows legal requirements applicable to particular instances of procedure;
- can interpret and apply the provisions of Criminal Law;
- understands the main aspects of EU Criminal Law, which is a fast growing area of EU law;
- has an understanding of what is transnational criminal law;
- understands the impact on the protection of fundamental rights and the relationship between the individual and the State;
- understands how States cooperate with each other in enforcing their national criminal law.
Teacher
Samuli Miettinen
Study programmes containing that course