Human Rights and Criminal Justice

Level: 
Master's
Course Status: 
Restricted Elective
CEU credits: 
2
ECTS credits: 
4
Module: 
II
Academic year: 
2012/2013
Academic year: 
2013/2014
Academic Program: 
Master of Laws in Human Rights
Instructor(s): 
Károly Bárd

The course will deal with both procedural and substantive law aspects of criminal justice and focus on the jurisprudence of the European Court of Human Rights. First the relation between human rights and criminal law and the models of the criminal process are discussed .The course covers the types of proceedings to which the guarantees of the right to a fair trial apply, i.e. the way the notion of "criminal charge" is interpreted by the European Human Rights Court. Further, case law on the courts' independence and impartiality, the right to silence on the presumption of innocence, the right to defense, issues related to evidentiary law and witness protection are discussed. Following the analysis of the  presumption of innocence the course will be devoted to the discussion on limits of prosecuting crimes resulting from the states' duty under the ECHR to respect the right to privacy, family life and freedom of expression. Also the prohibition of retroactive legislation and the limits of trial in absentia are to be discussed.

In addition to the in depth analysis of the case law of the European Human Rights Court the relevant jurisprudence related to Articles 14 and 15 of the International Covenant on Civil and Political Rights shall also be referred to.

The final grade is based on in-class participation (10 per cent) and a final exam (90 per cent).