E Drejta Penale e Krahasuar

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Altin Shegani, Prof. Dr.

Code
LAW 515
Name
E Drejta Penale e Krahasuar
Semester
Lecture hours
3.00
Seminar hours
0.00
Laborator hours
0.00
Credits
3.00
ECTS
5.00
Description

The Comparative Criminal Law course aims to serve students and lawyers, to equip them with the culture of institutions and institutes of the criminal law of different countries. The study of this discipline is a prerequisite for understanding and anticipating the evolution of domestic law. The ground on which this discipline operates is foreign criminal-procedural legislation. Comparative studies form the basis of knowledge of foreign law and consequently of the improvement and unification of positive trends in various legislative developments. In the framework of this discipline, the process of birth and development of different legal traditions in the criminal field is reflected chronologically. Comparative studies have started to develop not too early and have not stopped until today when the trend of integration, especially for Albania, raises on the agenda standards comparable to other community members that make up what in other terms is known as " Legal Europe ”. This discipline tends to create a clear picture of the main criminal justice systems in Europe and beyond.

Objectives

Java
Tema
1
- General treatments on criminal law compared; - Definition of comparative criminal law. - The object of study of comparative criminal law (Chapter I, Comparative Criminal Law, A. Shegani,)
2
- Criminal law compared as a legal and scientific discipline; Characteristics of comparative criminal law (Chapter II, Comparative Criminal Law, A. Shegani,)
3
- Faktorët që favorizojnë studimin e së drejtës penale të drejtës penale të krahasuar - Factors that favor the study of criminal law comparative criminal law - History of comparative law with special emphasis on comparative criminal law (Chapter III, Comparative Criminal Law, A. Shegani,)
4
- Relationships between comparative criminal law and related disciplines (debate with students) - Criminal sanctions in the criminal legal systems of different countries; (Chapter IV, Comparative Criminal Law, A. Shegani,)
5
- Sources of comparative criminal law (main sources are conventions, constitutions, codes, customary law, case law). (Chapter V, Comparative Criminal Law, A. Shegani,)
6
- Presentation from the aspect of solutions included in international documents (resolutions, conventions, protocols, statutes, and other acts) and in the criminal codes of different countries (Chapter VI, Comparative Criminal Law, A. Shegani,)
7
Methods of studying comparative criminal law: - Comparison of comparative law institutes with a special look at criminal law institutes such as criminal offenses, criminal responsibility, place and time of the commission of criminal offenses, extradition, necessary protection, etc. (Chapter VII, Comparative Criminal Law, A. Shegani,)
8
Midterm Exam / Course Project
9
British system - Principles, sources, institutes, criminal sanctions. (Discussion with students). - Comparisons of this system with other families of legal systems (Chapter VIII, Comparative Criminal Law, A. Shegani,)
10
- The system of criminal law in the Scandinavian countries, The system of criminal law in some European countries: Italy, Germany, France, etc. (Chapter IX, Comparative Criminal Law, A. Shegani,)
11
- Dutch, Belgian system, - Characteristics of this system - Analysis of some basic institutions of the criminal law of these states (general part, special part, criminal offenses, criminal sanctions, and their types). (Chapter X, Comparative Criminal Law, A. Shegani,)
12
US criminal law, Analysis of some basic institutions of the criminal law of this state (general part, special part, criminal offenses, criminal sanctions, and their types). (Chapter XI, Comparative Criminal Law, A. Shegani,)
13
Criminal law in Latin American countries (Argentina, Brazil, etc.) Analysis of some basic institutions of the criminal law of these countries (general part, special part, criminal offenses, criminal sanctions, and their types). (Chapter XII, Comparative Criminal Law, A. Shegani,)
14
Criminal law in Eastern countries. Analysis of some basic institutions of the criminal law of these states (general part, special part, criminal offenses, criminal sanctions, and their types). (Chapter XIII, Comparative Criminal Law, A. Shegani,)
15
Criminal proceedings systems; Characteristics of inquisitorial and accusatory criminal proceedings (Ross. Mary Ann. Analysis of the criminal justice system in Albania: report of the Program for the Development of a Fair Trial. Tirana: OSCE, 2006.,)
16
Final Exam
1
After completing this course, students should have the ability to understand the fact that in the modern world it is difficult to imagine the adoption of systemic laws (codes) in any field, including criminal law, without relying on comparative models.
2
After completing this course, students should have the ability to form a concept on comparative criminal law and its role in the advancement of the criminal justice system and the effectiveness of crime fighting.
3
After completing this course, students should have the ability to form the belief that the institutions of comparative criminal law (criminal offences, criminal responsibility and criminal sanctions) are institutions of high interest for the whole world, in Europe, in the region, but also for Kosovo and its citizens.
4
The student will get to know the actors of the justice systems, different figures of the most complex criminal offenses that the Albanian and world reality is currently facing.
5
After completing this course, the Student should know the different criminal systems in the world
Quantity Percentage Total percent
Midterms
1 40% 40%
Quizzes
0 0% 0%
Projects
0 0% 0%
Term projects
0 0% 0%
Laboratories
0 0% 0%
Class participation
0 0% 0%
Total term evaluation percent
40%
Final exam percent
60%
Total percent
100%
Quantity Duration (hours) Total (hours)
Course duration (including exam weeks)
16 3 48
Off class study hours
14 5 70
Duties
0 0 0
Midterms
1 1 1
Final exam
1 2 2
Other
1 4 4
Total workLoad
125
Total workload / 25 (hours)
5.00
ECTS
5.00