Universitat Internacional de Catalunya
Procedural Penal Law 2
Other languages of instruction: Catalan
Teaching staff
Pre-course requirements
Objectives
(i) To acquire fluency in criminal litigation.
(ii) Dominating all criminal procedural types.
(iii) Be willing the student to provide a legal service, of quality and efficient, to their clients in criminal matters.
Competences/Learning outcomes of the degree programme
- 03 - To be able to express one's ideas and arguments in an orderly and coherent way both in oral and written form (written and oral techniques)
- 04 - To turn in documents that have been formally and thoroughly prepared to high standards
- 06 - To acquire the ability to make decisions
- 11 - To acquire skills for autonomous learning
- 15 - To develop a perception of the united nature of the legal system and the required interdisciplinary vision for legal issues
- 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole
- 19 - To develop the ability to write legal texts
- 20 - To have knowledge of the basic aspects of legal argumentation
- 22 - To be able to identify and interpret documentation normally used in legal and negotiating settings
- 23 - To identify the state, doctrinal and legal framework of a complex legal issue
- 24 - To acquire the skills to resolve problems and make decisions using relevant information and by applying correct methods while placing the issue within a legal system context
- 25 - To acquire the skills for legal paperwork processing: composing texts, clarifying a position on a matter, use of forms, etc.
- 26 - To master the techniques and other evidence taking stategies
- 29 - To be able to gather and interpret economic documentation
Learning outcomes of the subject
1. The student will dominate the criminal proceedings, from a practical standpoint.
2. You can develop without problems in any type of criminal procedure.
3. There will be honed their skills in oral and written communication.
4. There will be perfected their procedural skills.
5. There will be acquired habits of neatness in personal presentation and documents.
Syllabus
TEMA 1.- La fase intermedia. El sobreseimiento. Escritos de acusación y defensa. Calificaciones de las partes. Auto de apertura de la fase del juicio oral.
TEMA 2.- El juicio oral (I). Actuaciones iniciales: artículos de previo pronunciamiento o cuestiones previas. Las calificaciones de las partes. La conformidad del acusado.
TEMA 3.- El juicio oral (II): La vista.
TEMA 4.- Finalización del proceso y cosa juzgada.
TEMA 5.- Los recursos.
TEMA 6.- La Sentencia.
TEMA 7.- Especialidad del procedimiento abreviado y del procedimiento por delitos leves.
TEMA 8.- Procedimiento para el enjuiciamiento rápido y el procedimiento por aceptación de decreto.
TEMA 9.- Procedimiento ante el Tribunal del Jurado. Procedimiento de responsabilidad penal del menor. Procedimiento contra senadores y diputados en Cortes. Procedimiento contra judieces y magistrados y fiscales. Procedimiento por delito de injuria y calumnia contra particulares.
TEMA 10.- Procedimientos con especialidades, procesos surpanacionales y procedimiento ante la Corte Penal Internacional.
TEMA 11.- Costas y ejecución.
Teaching and learning activities
In person
| TRAINING ACTIVITY | COMPETENCES |
|---|---|
| Presenting concepts and their practical application in the classroom | 15 17 |
| Classroom activities in order to follow up on students (both individual and in a group) | 03 06 22 23 24 25 26 |
| Activities outside of the classroom in order to follow up on students (both individual and in a group) | 26 |
| Student independent study | 11 17 24 |
| Individual and group projects | 04 15 22 24 |
Evaluation systems and criteria
In person
The evaluation system of this subject will be continuous assessment according to the following criteria:
1) Final exam: it represents the 50% of the overall mark of the subject.
The exam will consist of 5 questions in which the student will have to take the position of a given party at a criminal procedure and apply the acquired knowledge.
The exam will be given an overall score out of 10 and a 5 is required to pass the continuous assessment evaluation.
There will be an additional question in which the student is meant to show excellence in his/her learning. If he/she answers correctly to the question, he/she can have up to 2 more points.
There is also a partial and voluntary exam in the middle of the term in order to check how the learning procedure is going and for the student to see the type of questions he/she will face in the final exam. All the topics studied in this exam will also be included in the preparation for the final one.
2) Activities: they represent the 25% of the overall mark of the subject.
There will be compulsory and voluntary activities.
Each voluntary activity can increase up to 0,25 the average mark the student has in this field.
A 5 in the average mark of the activities is required to pass the continuous assessment evaluation.
3) Participation in class and in Moodle: it represents the 15% of the overall mark of the subject.
With the aim to guarantee a real continuous assessment adequate to the Bologna Plan, the attitude of the student in the classroom must be: active, collaborative, open-minded, inclusive and prone to discussion among all the students in order to maximize the learning.
Needless to say, the comments and interventions must be of special interest for the classroom and the subject.
The participation in forums regarding news and questions of interests in Moodle will be included in this point.
4) Class attendance: it represents the 10% of the overall mark of the subject.
The attendance is the first step for the learning process of this subject which will give the student tools in his/her future as a law expert. That being said, it must by an active attendance according to the explanation in the previous item.
A 5 in the average mark of attendance is required to pass the continuous assessment evaluation.
Second call
Those students who have not passed the continuous assessment can take the second call exam with the particularity that this will only represent 70% of the final mark. The other 30% will come from the mark obtained in the continued assessment that every student must participate in. The structure of the exam will be the same as the final exam.
Bibliography and resources
The main resource to study this subject is the Criminal Procedure Law (LECRIM) - consider that this has to be updated to the time in which the subject is taught.
Moreover, in order to systematize the content of this law, the following manual are recommended:
ARMENTA DEU, T., Lecciones de Derecho procesal penal, Marcial Pons, Madrid, 13ª edition, 2021.
MONTERO AROCA, J., Derecho Jurisdiccional III Proceso Penal, Tirant lo Blanch, Valencia, 27ª edition, 2019.
To work with the cases, the student will be required to use the legal databases available in the digital library of the University.