Other languages of instruction: Catalan
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The subject of Criminal Litigation is based on the study of the basic principles of criminal judicial proceedings.
The main objective of this subject is for the student to apply the basic principles of criminal judicial processes and prepare the appropriate procedural documents for a criminal judicial defence using case methodology.
- CA02 - Know the techniques used to ascertain and establish the facts in the different types of procedures, especially with regard to the production of documents, cross-examinations and expert testimony.
- CA03 - Know and be able to integrate the defence of clients’ rights within the framework of national and international jurisdictional protection systems.
- CA10 - Develop skills and abilities to choose the correct strategy for defending the rights of clients, taking into account the demands of the different areas of professional practice.
- CA13 - Know how to present facts orally and in writing, extracting and arguing their legal consequences, taking into account the context and who they are being addressed to in accordance with the methods applicable to each procedural area.
- CB06 - Possess and understand knowledge that provides a basis or opportunity to be original in the development and/or application of ideas in a professional context.
- CB07 - Know how to apply acquired knowledge and problem-solving abilities in new or little-known surroundings within broader (or multidisciplinary) contexts related to their field of study.
- CB10 - Possess the learning skills that allow them to continue studying in a mainly self-motivated and self-reliant way.
- CG01 - Acquire the ability to work individually and as part of a team as well as the communication and leadership skills required to progress in the legal profession.
Students will learn how to:
- Recognise and value the arguments that form the basis of criminal proceedings and identify precedent-setting examples for each case.
- Prepare all the appropriate procedural documents for the judicial defence of a client.
- Apply the basic principles of criminal procedural law and identify the main problems that may arise in the course of the process.
- Apply the rules of the evidence in criminal proceedings.
Criminal process: Principles of the process, kinds of processes; ways to initiate the process; phases of the criminal process; instructional phase; intermediate phase; oral trial phase; evidence; resources; precautionary measures; execution and prison system; special declarative processes.
Teaching and learning activities
The University Master's Degree in Advocacy bases its methodology on the “case method” which consists in studying real-life scenarios and problems that law firms deal with. Students prepare and analyse cases, identify issues and, once in class together with the teacher, either individually or in groups, look for solutions and share the possible alternatives available.
Our intention with the case method is to help students acquire the main skills of a good legal professional such as logical reasoning, ease of oral expression and language proficiency, among others.
The module on Criminal Litigation consists of 5 ECTS of which 50 hours are teaching and then a minimum of 60 hours work by each student on which they will be assessed.
Evaluation systems and criteria
The evaluation consists of two parameters:
• Participation in class: Accounts for 60% of the final mark.
• Written test on a case study: Accounts for 40% of the final mark.
Bibliography and resources
Escrihuela Chumilla, Francisco J.: TODO Penal 2011, 1st ed., La Ley, 2011.
Mir Puig, S., Derecho Penal. Parte General. Reppertor, Barcelona, 2011 (9th ed.).
Muños Conde, F., García Arán, M., Derecho penal. Parte General Tirant lo Blanch, Valencia, 2010 (8th ed.).
Muñoz Conde, Francisco (et. Al): Derecho Penal, Parte Especial, 18th Ed. Tirant lo Blanch 2010.
Quintero Olivares, Gonzalo (et.al): Comentarios a la Parte Especial del Derecho Penal, 9th Ed. Aranzadi 2011.
Silva Sánchez, Jesús Mª Aproximación al Derecho penal contemporáneo. J.M. Bosch, Boix Reig, Javier: Derecho Penal, Parte Especial. Ed. Iustel, 2010.
Silva Sánchez, Jesús Mª (et. al): Lecciones de Derecho Penal, Parte Especial, 3rd Ed. Atelier 2011.
Silva Sánchez, Jesús Mª and Miró Llinares, Fernando (dir.): La teoría del delito en la práctica penal económica, La Ley, 2013.
Vives Antón, Tomás S. (et. al): Derecho Penal, Parte Especial, 3rd Ed. Tirant lo Blanch 2010.
VV.AA., Memento Penal 2011. Francis Lefebvre, Madrid, 2010.
VV.AA. Memento práctico Penal Económico y de la Empresa 2011-2012. Francis Lefebvre, Madrid, 2011.