General Prerequisites
The course has no formal prerequisites. In order for participants to be able to better follow the structure of the offenses covered as well as various doctrinal issues of a general character in relation to these offenses, it would be useful to have a firm grasp of basic concepts and doctrinal categories of criminal law; accordingly, having previously attended courses in Substantive Criminal Law (both General and Special Part) is advisable, albeit not mandatory. Besides, even though the course includes some reference to procedural issues pertaining to military justice, having attended a course in Criminal Procedure is not required.
Learning Outcomes
Development of the skills necessary to identify and comprehend the main interpretative issues pertinent to the provisions covered, to employ appropriate interpretative methods for solving them, to present and critically appraise the various views surrounding them in case-law and legal doctrine, and to properly apply these provisions in the framework of practical exercises.
Course Content (Syllabus)
The course is taught in the form of a seminar, in accordance with the pertinent sections of the Law School Program of Studies.
The course focuses on core military offenses appearing in practice, including draft evasion, desertion, disobedience, malingering, etc. Current issues are identified and discussed, such as: conscientious objectors, the binding nature of illegal orders, the role of the soldier in allied operations, and the involvement of the military in war crimes. The procedural idiosyncrasies of the Military Penal Code are also examined.
Course Bibliography (Eudoxus)
Α. Παπαδαμάκης, Στρατιωτικό Ποινικό Δίκαιο: θεωρητική θεμελίωση και συστηματική ερμηνεία του στρατιωτικού ποινικού κώδικα, Έκδοση: 10η/2024, εκδ. Σάκκουλα, Κωδικός Βιβλίου στον Εύδοξο: 133037290