Categories: International and Comparative Law

Instructor(s)

Wörner, Liane
Hauck, Pierre

Course Data

Room TBD
MTWR 12:BD

Course Description









EU Law & National Law: Introduction to the
German Criminal Law and Europeanization of Criminal Law.






(This course meets four days a week at a time to be
determined based on enrolled students schedules.)




Part 1 (first 3
weeks): Introduction to German Substantive and Procedural Criminal Law
Europeanization through the European Arrest Warrant
/  Liane Wörner, LL.M. (UW-Madison)  In the first three weeks of course, we will discuss the basic principles of
German substantive and procedural criminal law. We will also converse the
structure of the court system in comparison with the American system. As
defined by statute and practice, the roles of judges and prosecutors are
different from their roles in America. Because the German system was
conceived of as an inquisitorial and civil code system, both the prosecutor and
judge have a duty to be objective. This means that a prosecutor whose primary
job is to lead the criminal investigation has a duty to discover the facts that
speak for and against the suspect's guilt.   


Part
2 (second 3 weeks) Introduction to German Substantive and Procedural
Criminal Law: Does
Europe
Change It All? The Influence of European Law on German Criminal Law: From
Torture to Cheated Consumers to Covert Investigations
/ Dr. Pierre Hauck LLM (Sussex) In the second
three weeks, we will deepen our knowledge of the influence of European Law on
selected issues of substantive and procedural German criminal law. We will start with general substantive law and take a look at the
interpenetration between human rights [in theory (European Convention on Human
Rights) and practice (European Court of Human Rights, Strasbourg)] and e.g. the
right to self-defence, necessity or duress. We will continue with European
legal guidelines affecting the so-called special part of substantive German criminal law (i.e., the single
offences). Here, we will mainly talk about the framework of EU competition law
on those very important crimes like fraud and breach of trust. Ultimately
turning to procedure, we will focus on European measures with an impact on the
legal handling of covert investigations (undercover police operations,
telephone intercepts and so on). Consequently, the second three weeks of this
year’s German law course will be subdivided into three parts: The “Europeanization”
of the general principles (1) and the special part (2) of criminal law as well
as of the criminal process (3).


 

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