Admission requirements
Students who want to follow this course need to be admitted to the master’s programme in Comparative Criminal Justice.
Description
In the latter half of the 20th century, the number of recorded crimes soared to unprecedented levels. Although recent years have witnessed a modest decline in some Western European countries, the rapid expansion of criminal justice systems globally has profoundly reshaped how key actors within these systems operate. Among them, the public prosecutor stands out as a pivotal figure—often referred to as the ‘gatekeeper to the courtroom’, namely the ‘locomotive’ of criminal procedure. Over the past few decades, this critical institution has undergone dramatic transformations, with its role and objectives continually redefined.
A major driver of this change is the mounting pressure from an ever-growing volume of cases, particularly at the preliminary stage of criminal proceedings. This flood of cases has necessitated the introduction of procedural shortcuts and simplifications—mechanisms designed to prevent cases from reaching the courtroom. These measures have fundamentally altered the prosecutor’s role, significantly expanding their discretionary powers and transforming their traditional functions.
The primary aim of this course is to examine the evolution of prosecution services and the changing nature of their responsibilities. As caseloads have surged, prosecutors have moved beyond their traditional roles as neutral actors in criminal proceedings to assume a more dynamic function as conflict resolvers and case managers. This shift has been accompanied by the rise of alternatives to traditional prosecution—strategies that divert cases from the court system while imposing restrictions or penalties on suspects through pre-trial measures. These international trends manifest differently across jurisdictions, shaped by foundational principles such as expediency, legality, and the distinctions between adversarial and inquisitorial legal systems.
By adopting a comparative perspective, the course explores how prosecution services across the globe respond to the increasing demand for criminal justice intervention. It critically examines procedural simplifications that enhance prosecutorial discretion and foster new forms of pre-trial diversion, thereby heightening prosecutors’ decision-making powers. Special attention is given to the risks posed by an unchecked expansion of diversionary schemes, including threats to procedural fairness and fundamental rights. The course also delves into the evolving role of victims in prosecutorial decision-making, shedding light on their participation in this shifting landscape.
In addition, the course critically evaluates the effectiveness of pre-trial diversion programs, with particular focus on alternatives to prosecution such as restorative justice—a paradigm that has gained significant prominence. Finally, the course examines recent supranational developments, including the establishment of the European Public Prosecutor’s Office, highlighting its added-value and its implications for national prosecution services and domestic criminal justice systems.
By the end of this course, students will gain a deeper understanding of the challenges, opportunities, and risks associated with the transformation of (public) prosecution services. They will also be equipped to critically assess the balance between efficiency, fairness, and justice in modern criminal justice systems.
Course objectives
Upon completing this course, students will:
Gain an overview of the historical evolution, recent developments, and current landscape of public prosecution services from a comparative perspective, understanding their transformation over time.
Gain insight into how prosecution services manage increasing caseloads, analyzing the strategies used to address the growing demand.
Critically reflect on the distribution of power within the ‘penal field’ at the pre-trial stage, evaluating the dynamic interactions between prosecutors, courts, offenders, and victims.
Identify and assess alternatives to traditional prosecution methods, reflecting on their advantages and challenges, particularly in relation to the protection of fundamental rights.
Develop a nuanced understanding of the risks associated with the unchecked expansion of prosecutorial powers, recognizing their potential impact on justice and fairness within the criminal justice system.
Employability and (academic) career
Participants will enhance key transferable skills in critical thinking and reasoning, research analysis, and effective communication. They will gain practical experience in reviewing and synthesizing literature, presenting research findings, engaging in debates, and advocating for the development of criminal justice policies in real-world contexts, all while incorporating a comparative perspective. These skills are highly valued in both academic and professional settings, preparing graduates for careers in policy-making, legal practice, advocacy, and research.
Timetable
Check MyTimetable.
Mode of instruction
The course consists of seven (7) lectures and three (3) discussion groups. The lectures are organized into three thematic blocks:
i. the first block introduces the fundamental principles and core mechanisms of public prosecution;
ii. the second block explores pre-trial diversion strategies and alternative models to public prosecution;
iii. the third block examines prosecution at the supranational level.
At the end of each block, a mandatory discussion group will be held. During these sessions, students will engage in group discussions, address critical questions based on the lectures, and debate key themes and challenging topics covered in the course.
All students are expected to attend and actively participate in the lectures. Preparation for each lecture is essential, and students are required to complete the assigned readings in advance. Participation in the discussion groups is mandatory. Failure to participate without a valid reason will result in an additional assignment.
Assessment method
To successfully complete the course, students will be assessed through various methods. The students’ final grade will be based on their active participation in the mandatory discussion groups (pass/fail), an individual paper (30%), and a final written exam (70%).
For the individual paper, students are required to submit a critical essay of up to 1,500 words (excluding references) on a selected topic. Detailed instructions and guidance will be provided during the course.
The final exam is a three-hour open-book written examination covering all topics discussed throughout the course.
To pass the course, students must achieve a minimum grade of 5.5 for both the individual paper and the final exam. Retake opportunities will be available for both components. Depending on the number of students required to retake the final exam, the course coordinator may decide to offer it as an oral examination.
Regulation retake passed exam
In this course it is possible to retake an exam that has been passed (cf. art. 4.1.8 and further of the Course and Examination Regulations). Students who have passed the exam may retake the final written assessment (test) of the course if they meet certain requirements. For more information, go to the website > ‘Law’ tab > ‘Retake a passed exam’.
Reading list
To prepare for the course, students are expected to read the assigned materials, which will be made available in advance on Brightspace and included in the course guide.
Registration
Registration for courses and exams takes place via MyStudymap. If you do not have access to MyStudymap (guest students), look here (under the Law-tab) for more information on the registration procedure in your situation.
Contact
Course coordinator: Konstantinos Zoumpoulakis
Availability: Monday till Friday, via email
E-mail: [k.zoumpoulakis@law.leidenuniv.nl]
Institute/department
Institute for Criminal Law and Criminology
Department: Criminology
Opening hours: 9.00 to 16.00
Telephone secretariat: 071 – 527 7324
Room number: B3.11
E-mail: criminologie@law.leidenuniv.nl