Introduction to Criminal Law Dr Konrad Lipiński assistant professor

1. Introduction to Criminal Law Dr Konrad Lipiński assistantprofessor Department of SubstantiveCriminal Law

2. Lecture I – introduction to the course Dr Konrad Lipiński Assistant Professor Department of SubstantiveCriminal Law coordinator of Introduction to Criminal Law course contactdetails: konrad.lipinski@uwr.edu.pl room 202A (building A) officehours – on faculty’swebsite

3. Lecture I „introduction to Introduction to criminal law” • introduction to the course • basicinformationaboutcriminal law and its place in the system of law • basicinformationaboutEuropeanConvention on Human Rights • organization and structure of European Court of Human Rights

4. Lecture I Scope of classes and lectures • classes (7): mainlyEuropeanConvention on Human Rights and judgments of European Court of Human Rights (ECHR) – practicalissuesregardingarticles 3, 5, 6 and 7 of Convention • lectures (8): theoreticalinformationconcerningcriminal law and it’sposition in law system

5. Lecture I Form of classes and lectures. Evaluation • classes: • obligatorypresence (absencesneed to be reported) • mandatorypresentations by students • evaluation: presentations and activeclassparticipation • lectures: • voluntarypresence • presentations by lecturer • evaluation: exam

6. Lecture I Examrequirements • schedule of classes and lecturesisavailable on my website • requirements for the examareconsistent with the schedule Exam form • A/B/C/D test, possibletrue/falsequestions • only one correctanswer • 50 questions, 1 hour 30 minutes of time • 50%+1 to pass (26 correctanswers)

7. Lecture I Books and materials • presentations by lecturer – uploaded on personalwebsiteaftereachlecture • reading and legislation: • EuropeanConvention On Human Rights (articlesregardingcriminal law/criminalprocedure and structure/composition of the Court) • translatedfragments of specificacts (e. g. Polishcriminalcode – onlyiftheyare a part of PowerPoint presentation) • chapters of textbooksspecified in presentations (available in library)

8. Lecture I Books and materials additional reading (non mandatory) – if you want to know more • A. Ashworth, Principles of criminal law • W. R. LaFave, Principles of criminal law • A. P. Simester, J. R. Spencer, G. R. Sullivan, G. J. Virgo, Simester and Sullivan’sCriminal Law. Theory and doctrine

9. Lecture I Cheating and plagiarism • obviouslyprohibited • every event of cheating by student during the examneeds to be reported for disciplinaryaction - Zarządzenie Dziekana nr 1/2010 Wydziału Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego z dnia 29 stycznia 2010 r. w sprawie przeprowadzania egzaminów(zaliczania ćwiczeń) • itconcernsany form of cheating, such as talkingduring the exam, usingwritten materials or smartphone/otherelectronic devices

10. Lecture I Criminal law and the system of law • common law and continental law (droit civil) • public law and private law • criminal law and civil law • substantive criminal law and criminal procedure • sciences associated with criminal law

11. Lecture I Common law and continental law • largest „legalfamilies” of the world (commonfeatures) • common law: amongothers – UK, USA, Australia • continental law (droitcivil) – most of Europe (including Poland) and SouthAmerica

12. Lecture I Common law and continental law

13. Lecture I Public law and private law • public law – concernsrelationshipbetween the state and itscitizen • private law – concernslitigations and disputesbetweenequalparties (citizens, legalentities)

14. Lecture I Criminal law and civil law • criminal law – system of punishmentconcerningwrongdoers (perpetrators) and theiractions • purpose: to punish, to maintain order • civil law – system of compensation of lossesbetweenmembers of society. • purpose: to compensate, not to punish

15. Lecture I Substantive criminal law and criminal procedure • substantive criminal law – set of provisions describing criminal acts, principles and conditions of criminal liability, forms of commiting an offence, punishments and specific offences (liketheft, murder, DUI etc.) • criminal procedure – set of provisionsdescribingactionsundertaken in order to detectanoffence and the offender, puttinghim on trial and issuing a verdict

16. Lecture I Sciences and law branchesassociated with criminal law • criminology • victimology • forensicsciences (criminalistics) • internationalcriminal law • europeancriminal law

17. Lecture I Basic information on EuropeanConvention on Human Rights The European Convention on Human Rights is an internationaltreaty which only member States of the Council of Europe maysign. The Convention, which established the Court and lays downhow it is to function, contains a list of the rights and guaranteeswhich the States have undertaken to respect.

18. Lecture I Basic information on EuropeanConvention on Human Rights • formally: the Convention for the Protection of Human Rights and Fundamental Freedoms • drafted in 1950 by Council of Europe • cameintoforce in 1953 • consists of preambule and 59 articles • severalprotocolsenclosed (Protocols no. 1, no. 4, no. 6, no. 7, no. 12 and no. 13 guarantee additional rights and freedoms, otheramend the procedurebeforeECtHR) • 47 parties

19. Lecture I Basic information on EuropeanConvention on Human Rights • Articles 3, 5, 6, 7 – to be discussedduringclasses • Protocol no. 6 – abolition of deathpenalty • Protocol no. 7 – right to appeal in criminalmatters, compensation for wrongfulconviction, ne bis in idem (a right not to be triedorpunishedtwice) Short film about the Convention: https://youtu.be/MOcmUQTgjCw

20. Lecture I European Court of Human Rights The Court applies the European Convention on Human Rights. Itstask is to ensure that States respect the rights and guarantees setout in the Convention. It does this by examining complaints (knownas “applications”) lodged by individuals or, sometimes, by States. Where it concludes that a member State has breached one or moreof these rights and guarantees, the Court delivers a judgment findinga violation. Judgments are binding: the countries concerned areunder an obligation to comply with them

21. Lecture I European Court of Human Rights Short film about the Court: https://www.youtube.com/watch?v=EPWGdhgQlgk

22. Lecture I European Court of Human Rights • works on permanent basis • consist of a number of judges equal to that of thenumber of partieswhoratified the Convention (47) • jurisdiction • all mattersconcerning the interpretation and application of the Conventionand the Protocols

23. Lecture I European Court of Human Rights • judges • high moralcharacter • qualified to be judges / jurists of recognizedcompetence • they sit in the court on theirindividualcapacity (not on behalf of the country they’re from) • cannotengage inany activity which is incompatible with their independence,impartiality or with the demands of a full-time office • elected by the Parliamentary Assembly by a majority of votes castfrom a list of three candidates nominated byCouncil of Europe states (atleast one candidate of each sex) • elected for 9 years, no re-election • term of the officeexpires as the judgesreach the age of 70

24. Lecture I European Court of Human Rights • Plenary Court • electsitsPresident and one ortwo Vice-Presidents (for 3 years, possible re-election) • setsup Chambers of the Court and electstheirPresidents • formations • single-judge (mainlydecisions on admissibility of the case) • committees of 3 judges • Chambers of 7 judges • Grand Chamber od 17 judges • sections and chambers • section – administrativeentity • chamber – judicialformation

25. Lecture I European Court of Human Rights • admissibility • domesticremedieshavebeenexhausted • applicationsubmittedwithin a period of sixmonths from the date on which the final decision was taken (typically: sixmonthsafterfinaljudgment of domesticcourt)

26. Lecture I European Court of Human Rights • inadmissibility • anonymousapplication • applicationissubstantially the same as a matter that has already beenexamined by the Court or has already been submittedto another procedure of international investigation orsettlement and contains no relevant new information • applicationisincompatible with the provisions of theConvention • applicationismanifestlyill-founded • abuseof the right of individual application • applicant has not suffered a significant disadvantage (unless respect for human rights requires anexamination of the application on the merits)

27. Lecture I European Court of Human Rights Just satisfaction (article 41) If the Court finds that there has been a violation of the Conventionor the Protocols thereto, and if the internal law of the HighContracting Party concerned allows only partial reparation to bemade, the Court shall, if necessary, afford just satisfaction to theinjured party.

28. Lecture I European Court of Human Rights Referring the case to the Grand Chamber • initiated by a party to the case • possiblewithin 3 months from the date of the judgment of the Chamber • onlyexceptionalcases • accepted by a panel of 5 judges of the Grand Chamberonly if the case raises a serious question orwhenthere’s a serious issue of general importance

29. Lecture I European Court of Human Rights seemore: The ECHR in 50 questions

30. Thankyou for yourattention