STUDY PROGRAMME OF THE 22nd CLASS DIRECTION OF CIVIL-CRIMINAL JUSTICE

Transcription

1 STUDY PROGRAMME OF THE 22nd CLASS DIRECTION OF CIVIL-CRIMINAL JUSTICE FIRST STAGE OF TRAINING - TOTAL OF 2 HOUR LESSONS 117 Α/Α LESSONS TUTORS POSITION SECTION PLANNED LESSONS 1 History of Justice- Professional ethics and Judicial Conduct Principles Issues of Disciplinary Law Legislation on the organization of justice in Greece and in the member states of the EU regarding the institutions that ensure its independence Judge of the Supreme and Prosecuter of the Appeals 2 Methodological issues of the Judicial project Judge of the Supreme 3 Monitoring the Constitutionality of the legislation and Individual Freedoms Judge of the Supreme 4 The ECHR in the context of civil proceedings Lawyer with 15 years of service 5 The Treaty of Lisbon and the Criminal Lawthe ECHR and the Criminal Trial Lawyer with 15 years of service Environmental Law Lawyer with 15 years of service

2 7 Intellectual Property Law 8 Elements of Administrative Law Issues on Banking Law 10 European Union law 11 Topics of foreign legal terminology Judges or Expert Scientist Special Courses on Applied IT A. INTRODUCTION - Theoretical Issues Special Courses on Applied IT b. Database Management 3 13 Topics on Auditing and Accounting Training seminars 21 six() field trips 18 SECOND STAGE - TOTAL OF 2 HOUR LESSONS 30 LESSONS TUTORS POSITION SECTION CIVIL LAW

3 1 General Principles of Civil Law 1. legal transactions 2. Representation 3. Authorization 4. Limitation period - Timebar 5. Abuse of rights Judge of Supreme and Judge of Appeal 2 General Obligations 1. Failure - defaulting of debtor and creditor - Cancellation 2. Guilt by contract - Authorities in bilateral contracts 3. Amortization of guilt 4.Differ -Damage to property and non-coliability 5.Engagement -Criminal clause.assignment - Underwriting of debt -Joint Liability 3 Special Obligations I 1. Donation 2.Sale - International Convention of Vienna for sale 3.Works Contract 4.Tort 5. Unjust enrichment. Mandate 7.Warranty 8.Defrauding lenders 4 Special Obligations II. 1.Urban leasing of an object 2. Professional leasing 3.Editing Folders of leasing disputes 5 Property Law General issues of property law Differences between coowners of floors of a property - Residential legislation, urban zones and residential control, refugee law, rural law Special Topics of Property Law The National Cadastre

4 7 Family Law 1. Holdings 2. Spouses' Relations 3. Parental responsibility - Contact 4. Affinity 5. Infringement and establishment of paternity. Divorce 7. Alimony by law 8. Adoption - Guardianship of a minor - Fostering a minor. Judicial support Judge of Supreme 8 Inheritance Law 1. Succession 2. Will 3. Intestate succession 4. Legal fate 5. Acceptance and renunciation of inheritance. Lawsuit on Lot 7. Contribution 8. Inheritance trust Elements of Private International Law a. Articles 4-33 CC, b. Regulation 53/2008 on the law applicable to contractual obligations (Rome I), c. Regulation 84/2007 on the law applicable to noncontractual obligations (Rome II) COMMERCIAL LAW 10 Private Companies General partnership, Limited company Silent partnership, Consortium 11 Capital Companies Public limited company, Limited Liability Companies, Private Capital Company Contemporary Forms of Contracts 1. General introduction to the regulation issues of mixed and atypical contracts 2. Leasing 3. Factoring 4.Forfaiting 5. Franchising. Management agreement and Consulting contract 7.Credit-card contract 8 Time-sharing contract

5 13 Bankruptcy 14 Securities (Check, Exchange) - Open account - Payment Order - Regulation 18/200 for establishing a European order for payment CIVIL PROCEDURAL LAW General Procedure for first instance s - Proof (special topics of diagnostic trial) 1a. Jurisdiction and competence of civil courts 1b. Fundamental procedural principles 1c. Exercise of lawsuit, 1d. Introduction of lawsuit for discussion, 1e. Discussion, 1fh. Interruption and retrial, 1g. Abolition and termination of the trial, 1h. Decision 1 i. In individual evidence, 1j. Assessment of evidence 1k. Distinction of deposition of witnesses and examination under oath or not of the parties, 1l. public and private documents, 1ig. Objection of falseness - Refusal of authenticity and and Expert Scientist Res judicata a. Objective and subjective limits b Res judicata for protest c. Res judicata for preliminary rulings d. Ex officio consideration of res judicata 3 17 International Procedural Law 18 Appeal Judge of Supreme 1 Special Procedures a. Interim Measures Judge of Supreme

6 20 Special Procedures b. Voluntary Jurisdiction 21 Compulsory Execution a. Enforcement Orders b. Preliminary execution c. Objection against execution - Opposition from a third party d. Means of compulsory execution e. Confiscation - Auction - Announcements f. classification Table - privileges Opposition g. Private detention (Conditions of declaration - a separate application for personal detention - Related Topics - Substantive criteria for ordering personal detention on torts and for determining the duration of detention - Diachronic law; Objections to personal detention) 22 Practical Issues of the Civil Procedure Code - Structure of the judicial decision Processing Files with Civil Procedure Issues - Virtual Civil Trial Judge of Supreme DISPUTES FOR DAMAGES FROM CAR ACCIDENTS 23 DISPUTES FOR DAMAGES FROM CAR ACCIDENTS AND THEIR INSURANCE CONTRACT AND PROCESSING FILES OF SUCH DISPUTES LABOUR LAW

7 24 Labour Law I 1. Discrimination on the employment contract from relatives contracts 2. The principle of equal treatment and operational habit, 3. Fixed-term contracts (in the private and public sector) 4. Change in working conditions 5. Termination of employment contract (fixed and indefinite). Collective work contracts 7. Personal data protection in employment relationships 8. Gender equality in employment relations,. Defective contracts, 10. Transfer of business and consequences for labor relations, 11. Working time a. Meaning b. legal and contractual timetable c. surplus labor, d. Overtime e. five-day work system,. Work Accidents 13. Labour Disputes Procedure 25 Labour Law II PROCESSING FILES IN CASES OF LABOUR LAW CONSUMER PROTECTION LAW 2 1. E-commerce 2. Consumer protection a. General Terms & Conditions b. Contract at a distance and off the premises c. producer responsibility d. Collective lawsuit and consumer associations CRIMINAL LAW

8 27 General Issues Criminal Law a. Temporal and regional power limits of criminal laws, relation of the code to special penal laws, b. Distinction between deception and negligence. c. The offense, d. The unjust nature of the instrument; Lifting of the unjust nature of the act e. Attribution of the Act f. Criminals of decreased capacity to be examined g. Attempt, h. participation. i. Principal and accompanying penalties - Determination j. Concurrent crime - repeated crime k. Suspension of sentence l. Elimination of criminal liability. 28 Special Criminal Law a. Offences relating to pleadings, b. Offences relating to currency and some of the crimes related to service,, c. Crimes related to the service, d. Crimes relating to ownership, e. Crimes related to property rights, f. Crimes against life and personal injury, g. Crimes against honor, h. Crimes against sexual freedom and crimes of financial exploitation of sexual life, i. Crimes relating to the administration of justice and personal freedom, j. Crimes relating to violations of state power and the attempt against public order, k. commonly dangerous crimes of Appeal and

9 2 Special Penal Laws I. Crimes - infringements of drug law (n.413 / 2013, n. 345/200, 172/187) Crimes - infringements of the law on illegal immigrants (n. 338/2005) Trafficking (A customs Code Law.20 / 2001) Crimes of the law on antiquities (n. 3028/2002) Crimes of racism and xenophobia Public Prosecutor of the Appeal 30 Special Penal Laws II (Offences concerning corruption) - Crimes of non-payment of debts to the State and tax evasion (n.1882 / 0, 2523/7, 151/8, 205/2, 3220/04) Crimes - infringements of the law on money laundering of funds from criminal activities Public Prosecutor and Judge of the Appeal (n.2331 / 5, 31/08), Crimes of the law on the Persons Occupying (n.3213 / 03), Economic crimes in the field of capital market (abuse of privileged information and market manipulation).

10 31 Special Penal Laws III Crimes of the law on personal data (2472/7), Circular of the intellectual property law (N.21 / 3), circular on the infringement of the law on weapons and ammunition (n. 218/13 & 31/2003 ). Crimes - infringements of the Forest Code (mainly hunting) and the Law on Forest Protection (Legislative Decree 8/1, n. 8/17 & 3208/2003), the laws on gambling (Royal Decree 2/171, n. 3037/2002, n. 4002/2011), the law on the check (v ). Urban planning infringements (mainly n. 1337/183). Non-payment of contributions to Social Security Organizations (IKA TEVE etc. - Time of committing these crimes - Emergency Law 8/17) - Non-payment of wages to employees (Emergency Law 0/145). Public Prosecutor of the Appeal Penal Law Proceedings 32 Preliminary proceedings. a. Criminal prosecution and preliminary examination b. The indictment c. Completion of preliminary investigation and main investigation d. Arrest and detention of the accused. e. Action against the call and direct call to appear in court f. Political lawsuit g. Procedural invalidities and. Directive 20/13 on the right to information in criminal proceedings Public Prosecutor of the Supreme and

11 33 Audience - 'Legal remedies - Enforcement a. the absence of the accused in court (felony and misdemeanor) b. Applications for annulment (and decision) c. Admissibility of the appeal d. Results legal remedies: (suspensory - expansive - transference - deterioration)e. Res judicata - Lis pendens f. Enforcement of sentences- Objections. g. Determining overall penalty Public Prosecutor of the Supreme and 34 Duties of investigative judges - Judicial Councils 35 Cybercrime Prosecuter of Appeal and Expert PRACTICAL ISSUES ON THE CODE OF CRIMINAL PROCEDURAL LAW - STRUCTURE OF JUDICIAL CRIMINAL DECISIONS- VIRTUAL TRIALS 3 Practical issues on the code of criminal procedural law - Structure of Judicial Criminal Decisions - Virtual Trials Judge of Supreme 37 Visits to courts Visits to prison facilities, Therapies Centers and to archaeological site of Vergina