Module 4: Introduction to Criminal Law

• • What is substantive law?
  • Rules that give people rights and determine what people do/are not allowed to do.
• • What is procedural law?
  • A set of established forms for conducting a trial and regulating the events that precede and follow it.
• • What does the administration of justice involve?
  • The judiciary, which includes courts that supervise public authorities.
• • What is judicial independence?
  • Part of the right to a fair trial, ensuring a balance between the three powers by having a judiciary that cannot be influenced by other powers.
• • What are elements of judicial independence?
  • Judges appointed for life, judiciary decides on recruitment and dismissal, position and budget regulated by law, and restriction of information on ongoing cases.
• • What is judicial impartiality?
  • Part of the right to a fair trial, ensuring courts do not favor any party, with elements like special educational requirements, good salaries, and judges ensuring the appearance of impartiality.
• • What are the subjective and objective tests of impartiality?
  • Subjective tests involve checking personal bias, while objective tests consider whether the fear of lack of impartiality is objectively justified.
• • What is jurisdiction in courts?
  • Competence - a court is competent to hear a case, and procedural rules determine court jurisdiction.
• • What are the elements of jurisdiction?
  • Different layers in the court system, geographic proximity, and specialized courts.
• • What are rules of standing in court?
  • Rules determining who can appear in court, usually reserved for natural and legal persons with a specific interest in the outcome of the case.
• • Who are the actors in criminal proceedings?
  • Judges, lay judges/jury, court staff, suspect/defendant/accused, defense lawyers, prosecutors, witnesses, experts, and the public.
• • Why is representation by a lawyer important?
  • It makes legal procedures more efficient, and many countries require representation by a lawyer for certain crimes or in certain courts.
• • What is the hierarchy of courts?
  • Organized in a hierarchical structure: Supreme Court, High Courts/Appeal Courts, and Lower court/District courts.
• • How is a criminal trial structured?
  • Suspicion, investigation, indictment or case dismissal, public criminal trial, and conviction or acquittal.
• • What are the systems of criminal court proceedings?
  • Inquisitorial (civil law) and adversarial systems (common law), with many countries having a mixed system.
• • What is the principle of legality?
  • No punishment without law (Article 7 ECHR), demanding general foreseeability of criminal liability.
• • Why is criminal procedural law important?
  • It accurately establishes if criminal law was breached and if an individual can be deemed culpable for the breach and consequently punished.
• • What are the consequences of violating criminal procedural rules?
  • A 'mistrial,' dismissal of evidence or witnesses, and it may affect the fairness of proceedings overall.
• • How is criminal procedural law shaped?
  • It balances effective crime control (security) and individual/liberty rights.
• • What does the presumption of innocence entail?
  • High standard of proof for guilt, strict requirements for pre-trial detention, and the right to remain silent/right not to incriminate oneself.
• • What are the rights of the defense?
  • To be informed about the accusation, have adequate time for defense, legal representation, examine evidence, and have an interpreter if needed.
• • What is the law of evidence?
  • Rules on how evidence is collected, the burden of proof, and the importance of proving facts in a criminal trial.
• • How does the digital evidence (e-evidence) work?
  • Most evidence is in electronic form, requiring warrants for retrieval, with challenges related to international cooperation and encryption.