Development of trial advocacy skills

On March 19 2015, Kosovo Judicial Institute conducted three-day training on “Trial advocacy Skills”.

This training program is conducted with the purpose of increasing practical skills of judges and prosecutors on representation and conducting trial, especially having in mind recent changes to the Criminal Procedure Code on ways of examination and presentation of evidence and leading the court hearing.

At the training initially it was elaborated on direct examination as a fluent and clear communication of the case topic and legal basis for direct examination, using the golden questions of criminalistics in which case simulation of direct examination was conducted by the participants divided in working groups.

Also the cross examination techniques was elaborated, as a tool for interrogation by the other party, with the purpose to present good facts and disclose weaknesses of the other party. Legal basis, rules and instructions for practical application of the cross examination were also part of discussions at this training stage. Participants were again divided in groups to exercise and conduct simulation of cross examination.

Another technique that was elaborated was impeachment, emphasizing importance of questioning only important issues and contradictory statements. Purpose and rules of using this technique, legal basis, steps for impeaching and challenges for practical application were part of discussions at this stage of the trainings. At the end of this session, participants were divided in working groups and simulated impeachment.

Direct reexamination and witness rehabilitation as new techniques foreseen in the Criminal procedure Code were also treated in this training. Participants at this phase had the chance to understand direct reexamination as an opportunity to respond to cross examination and to demonstrate how the reexamination is done in practice.

Elaboration of the opening statement and of the closing statement were also focus of this training, where the participants had the possibility to extend their knowledge about the meaning, purpose, structure and way of the opening statement and of the closing statement.

In this context it was also elaborated on the differences between the opening statement and the closing statement. For these two techniques participants were again divided in groups and prepared and demonstrated the opening and the closing statements.

At the last part of this training, a trial simulation was conducted in order to demonstrate use of these techniques in trial.