Universitat Internacional de Catalunya
Procedural Penal Law
Other languages of instruction: Catalan, English,
Teaching staff
The professor will meet with students in tutoring sessions by prior appointment arranged in class or by email: susana.sanchez@uic.es
Introduction
The course on Criminal Procedural Law aims to introduce students to, and familiarise them with, the criminal proceedings through which the State applies the criminal law they have previously studied. Broadly speaking, this course aims to equip students with the knowledge and skills necessary to understand the effective judicial protection that courts must guarantee, and to enable them to handle criminal cases and proceedings before the criminal courts with confidence in their future careers.
The Criminal Procedure module will explain the principles of criminal proceedings, as well as the rights and safeguards of defendants, given their great importance throughout all stages of the criminal process. Through the course content and the student’s study of this subject, students will learn how to act as legal practitioners during the pre-trial investigation phase and will become familiar with the mechanisms and various investigative procedures used to investigate criminal offences, amongst other skills detailed below.
Once the principles governing criminal proceedings, the fundamental rights of the accused and the various investigative procedures—among other topics—have been studied in the Criminal Procedure Law module, the oral trial phase becomes the main focus of study, along with the most important procedures or processes that may take place within the criminal justice system.
Pre-course requirements
It is advisable to have previously completed the Law of Procedure I and II modules.
Objectives
The following objectives are pursued:
(i) To gain an understanding of the structure and functioning of the Spanish criminal procedure system, as well as to properly comprehend the workings of the main criminal procedural institutions. The aim is for students to have a thorough grasp of the subject matter, so that they understand the law and can deal with clients’ explanations and assimilate specialist information without difficulty.
(ii) To be able to utilise, independently and decisively, each and every one of the institutions that make up the criminal procedure. By the end of the course, students should be able to draft criminal complaints, assist clients – in their capacity as persons under investigation – conduct a sound technical defence during the preliminary investigation stage, and participate effectively in minor criminal trials.
(iii) To be familiar with and handle legal texts with ease, including their details, loopholes and peculiarities. To conduct oneself with confidence and ease in criminal litigation. To have a thorough grasp of all criminal procedural channels. To be in a position to provide high-quality and efficient legal services to clients in matters of criminal procedure.
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. Students will be familiar with and understand the basic concepts of criminal procedural law: the purpose of criminal proceedings, their structure and the complex web of procedural types.
2. Students will be familiar with, identify and understand the different stages of criminal proceedings, the forms of evidence, and the system of appeals.
3. Students will have acquired oral and written communication skills.
4. They will have developed skills in resolving legal disputes relating to the module’s content.
5. They will have acquired procedural competencies.
6. Students will have developed a meticulous approach to personal presentation and the preparation of documents.
7. Students will have a thorough grasp of criminal proceedings from a practical perspective.
8. Students will be able to navigate any type of criminal proceedings with ease.
9. Students will have refined their oral and written communication skills.
10. Students will have refined their procedural skills.
Syllabus
TOPIC 1
CRIMINAL PROCEDURE: AIMS AND CHARACTERISTICS. SYSTEMS AND PRINCIPLES OF CRIMINAL PROCEDURE. CONSTITUTIONAL AND SUPRANATIONAL RIGHTS AND GUARANTEES.
1. CRIMINAL PROCEDURE: AIMS AND CHARACTERISTICS
1.1. The purpose of criminal procedure
1.2. Characteristics of criminal procedure:
- It is undergoing a profound review.
- It is approaching categories previously applicable to civil procedure.
- Greater efficiency is sought.
2. SYSTEMS AND PRINCIPLES OF CRIMINAL PROCEDURE
2.1. Systems:
- The accusatorial system. Concept and characteristics.
- The inquisitorial system. Concept and characteristics.
- The mixed system. Concept and characteristics.
2.2. Principles:
2.2.1. Principles derived from the substantive law they serve
A) Principle of necessity and principle of official action
B) Principle of legality, principle of discretionary opportunity and consensus.
C) Principles of investigation of the facts and presentation of evidence by the parties.
2.2.2. Principles Inherent to an Accusatory System
A) Principle of equality
B) Principle of the right to be heard or adversarial proceedings
C) Accusatory Principle
D) The Prohibition of Reformatio in Peius (Widening of the Sentence)
2.2.3. Principles of Procedure
A) Orality and written proceedings
B) Immediacy. Concentration
C) Publicity and secrecy
-Secrecy of the preliminary investigation
-Closing of proceedings
-Media access
3. CONSTITUTIONAL AND SUPRANATIONAL RIGHTS AND GUARANTEES
3.1. The Right to a Defense and its Guarantees
A) The Prohibition of Defenselessness
B) The Right to Be Informed of the Charges
C) The Right Not to Testify Against Oneself and Not to Confess Guilty
D) The Right to Self-Defense; the Right to Legal Counsel and the Right to an Interpreter; the Right to Have One's Deprivation of Liberty and Place of Custody Notified to a Family Member or Person of One's Choice; the Right to Communicate by Telephone with a Third Party of One's Choice; and the Right to Access All Elements of the Proceedings Essential to Challenging the Legality of the Detention or Deprivation of Liberty and to Be Examined by a Forensic Physician.
3.2. The Right to the Presumption of Innocence and its Guarantees
A) Presumption of Innocence as a Rule for the Treatment of the Accused
B) Presumption of Innocence as a Rule of Factual Judgment
3.3. The Right to Review of a Conviction
3.4. Other rights and principles enshrined in the Spanish Constitution and supranational texts
A) The principle of proportionality, the limitation of fundamental rights, and other applications thereof
B) The prohibition of torture and degrading treatment
C) The right to a judge predetermined by law
3.5. New trends in criminal proceedings: restorative justice, criminal mediation.
TOPIC 2:
PROCEDURES AND JURISDICTIONAL BODIES. CRIMINAL JURISDICTION AND COMPETENCE. ASSIGNMENT. RECUSAL AND ABSTENTION.
1. PROCEDURES AND JURISDICTIONAL BODIES
1.1. Criminal Proceedings in Spain
1.2. Criminal Courts in Spain
2. CRIMINAL JURISDICTION AND COMPETENCE.
2.1. Jurisdiction
A) Objective Criterion
B) Territorial Criterion
-Principle of Territoriality
-Principle of Personality or Nationality
-Principle of Real or Protective Jurisdiction
-Principle of Universal Jurisdiction
C) Subjective Criterion
2.1.1. Procedural Treatment of Jurisdiction
A) Ex Officio
B) At the Request of a Party
2.2. Criminal Jurisdiction
A) Objective Jurisdiction.
This type of jurisdiction follows three distinct criteria:
-The type or class of criminal offense that is the subject of the proceedings (objective jurisdiction based on subject matter)
-The personal status of the accused (objective jurisdiction based on the person)
-The greater or lesser severity of the criminal offense (ordinary criterion or objective jurisdiction based on the penalty).
B) Functional Jurisdiction.
C) Territorial Jurisdiction.
2.3. Alteration of Jurisdiction, Subject-Matter Jurisdiction, and Territorial Jurisdiction Based on Connection
2.4. Procedural Treatment of Subject-Matter, Functional, and Territorial Jurisdiction
3. DISTRIBUTION
4. ABSTENTION AND RECUSAL
TOPIC 3:
THE “PARTIES” IN CRIMINAL PROCEEDINGS: PUBLIC PROSECUTOR'S OFFICE, PROSECUTING PARTIES, AND VICTIM. THE ACCUSED PARTIES IN CRIMINAL PROCEEDINGS
1. THE “PARTIES” IN CRIMINAL PROCEEDINGS:
1.1. Public Prosecutor's Office, Prosecuting Parties, and the Victim
1.1.1. The Public Prosecutor's Office
A) Guiding Principles
B) Main Functions of the Public Prosecutor's Office in Criminal Proceedings: To exercise criminal action. To oversee the investigative functions and request the relevant proceedings. To request certain measures and make discretionary decisions.
1.1.2. The Accusing Parties
A) The Public Prosecutor
B) The Private Prosecutor. Offer of Actions.
C) The Private Prosecutor
D) The Civil Plaintiff
1.1.3. The Victim. The Victim in the Statute of the Victim of Crime.
1.2. The Accused Parties
1.2.1. The Investigated Party (Defendant, Charged, or Accused)
A) Rights of the Investigated Party
B) Capacity and Standing
C) Procedural Representation
D) Presence and Absence of the Investigated Party
E) Active Extradition
F) The European Arrest Warrant
1.2.2. The Responsible Party
Civil
1.2.3. Plurality of Parties
TOPIC 4: CRIMINAL ACTION. THE OBJECT OF CRIMINAL PROCEEDINGS.
1. CRIMINAL ACTION. EFFECTIVENESS OF CRIMINAL ACTION IN CRIMINAL PROCEEDINGS
2. OBJECT OF CRIMINAL PROCEEDINGS. DELIMITING ELEMENTS OF THE OBJECT OF CRIMINAL PROCEEDINGS. TIME AND MANNER OF ESTABLISHING THE PROCEEDINGS.
2.1. Characteristics of the object of criminal proceedings: progressive delimitation and immutability
3. CIVIL ACTION IN CRIMINAL PROCEEDINGS
3.1. Content of the civil action
3.2. Legitimate parties
3.3. Procedural regime for exercising the civil action
3.4. Connection between criminal and civil action
TOPIC 5: THE INITIATION OF CRIMINAL PROCEEDINGS. EX OFFICIO INITIATION. INITIATION BY THIRD PARTIES: THE POLICE REPORT, THE COMPLAINT, AND THE PRIVATE COMPLAINT. INITIATION BY CONVERSION OF ANOTHER PROCEEDING. OTHER WAYS OF INITIATION OF CRIMINAL PROCEEDINGS.
1. INITIATION OF CRIMINAL PROCEEDINGS.
2. INITIATION EX OFFICIO.
2.1. Concept and characteristics of ex officio initiation of proceedings.
3. INITIATION BY THIRD PARTIES: THE POLICE REPORT, THE COMPLAINT, AND THE PRIVATE COMPLAINT.
3.1. The police report. Reports for crimes without a known perpetrator.
3.2. The complaint.
3.3. The private complaint.
4. INITIATION BY CONVERSION OF ANOTHER PROCEEDING. OTHER WAYS OF INITIATION OF CRIMINAL PROCEEDINGS.
4.1. Initiation by conversion of another proceeding.
4.2. Other ways of initiating criminal proceedings.
TOPIC 6:
THE INVESTIGATIVE STAGE (I): APPLICATION AND PRACTICE IN SUMMARY PROCEEDINGS, PRELIMINARY INVESTIGATIONS, AND URGENT INVESTIGATIONS. INVESTIGATIVE MEASURES IN THE INVESTIGATIVE STAGE.
1. APPLICATION AND PRACTICE IN SUMMARY PROCEEDINGS, PRELIMINARY INVESTIGATIONS, AND URGENT INVESTIGATIONS.
1.1. Types of investigative proceedings in criminal cases in Spain
1.2. Legal nature of the investigative stage
1.3. General rules of the investigative stage
1.4. Content of the investigative stage
1.5. Jurisdiction and participation of the parties
1.6. The role of the judicial police in the investigation
1.7. Time limit for conducting the investigative stage
2. INVESTIGATIVE MEASURES IN THE INVESTIGATIVE STAGE.
2.1. The crime scene investigation
2.2. The corpus delicti
2.3. Identifying the alleged offender and their personal circumstances
2.4. Witness statements
2.5. Statement of the accused/suspect
2.6. Confrontation
2.7. Expert reports
2.8. Identifying the suspect/defendant and their personal circumstances. Lineup.
2.9. Proceedings to determine the damage and the responsible party
2.10. Other investigative acts that do not limit fundamental rights.
TOPIC 7: THE INVESTIGATION (II): INVESTIGATIVE PROCEEDINGS THAT LIMIT FUNDAMENTAL RIGHTS (I). THE INVESTIGATION (II): INVESTIGATIVE PROCEEDINGS THAT LIMIT FUNDAMENTAL RIGHTS (II).
1. REQUIREMENTS FOR ADOPTING MEASURES THAT LIMIT FUNDAMENTAL RIGHTS IN GENERAL.
1.1. Requirements for validly adopting the measure.
1.2. Requirements for its valid admission as evidence. The chain of custody and its incorporation into the trial.
2. ENTRY AND SEARCH OF A CLOSED PREMISES.
3. SEARCH OF BOOKS AND RECORDS.
4. INTERCEPTION AND OPENING OF WRITTEN AND TELEGRAPHIC CORRESPONDENCE.
5. Common Provisions for the Interception of Telephone and Telematics Communications and the Recording of Oral Communications through the Use of Technical Devices for Tracking, Locating, and Capturing Images, the Recording of Mass Storage Devices, and Remote Access to Computer Equipment.
6. Interception of Telephone and Telematics Communications.
7. Capture and Recording of Oral Communications through the Use of Electronic Devices.
8. Use of Technical Devices for Capturing Images, Tracking, and Locating Images.
9. SEARCH OF MASS STORAGE DEVICES.
10. REMOTE SEARCHES ON COMPUTER EQUIPMENT.
11. PRECAUTIONARY MEASURES: DATA RETENTION ORDER. TIME LIMIT. DUTY OF COOPERATION AND CONFIDENTIALITY.
12. OTHER MEASURES LIMITING FUNDAMENTAL RIGHTS.
12.1. Inspections and bodily interventions.
12.2. Bodily interventions for determining the suspect's DNA profile.
12.3. So-called minor interventions: pat-downs and breathalyzer tests.
12.4. Video surveillance: filming of public places.
TOPIC 8: THE INVESTIGATION (III): PERSONAL PRECAUTIONARY MEASURES. THE INVESTIGATION (III): REAL PRECAUTIONARY MEASURES.
1. PURPOSE AND REQUIREMENTS
2. PERSONAL PRECAUTIONARY MEASURES
2.1. Summons
2.2. Arrest
2.3. Pretrial Detention
2.4. Provisional Release
3. REAL PRECAUTIONARY MEASURES
3.1. The so-called bail (actually security)
3.2. Attachment
3.3. Joint and several guarantee of indefinite duration and other measures provided for in the Spanish Civil Procedure Law (LEC)
3.4. Precautionary confiscation, location, preservation, administration, and sale of certain effects, assets, instruments, and proceeds derived from certain crimes
TOPIC 9: SUBJECTIVE DELIMITATION OF CRIMINAL ACTION: THE INDICTMENT ORDER AND THE CHARGE.
1. SUBJECTIVE DELIMITATION OF CRIMINAL ACTION. MATERIAL AND FORMAL IMPUTATION.
1.1. The indictment.
1.2. The charge in summary proceedings.
1.3. The charge in expedited trials.
1.4. The charge in trials for minor offenses and in jury trials.
2. END OF THE INVESTIGATION.
2.1. In ordinary proceedings.
2.2. In summary proceedings.
2.3. End of the investigation in terms of time.
TOPIC 10: THE APPEALS SYSTEM DURING THE INVESTIGATION PHASE.
1. GENERAL ISSUES.
1.1. The right to appeal in criminal proceedings.
1.2. Effects of appeals.
a) Effects of Admission
b) Other Effects and Prohibition of Reformatio in Peius
2. APPEALS AGAINST INTERLOCUTORY RULINGS
2.1. Motion for Reconsideration
2.2. Motion for Reconsideration
2.3. Appeal on Points of Law
a) Appeal on Points of Law for Inadmissibility of the Appeal in Cassation b) Appeal on Points of Law as a Means of Challenging the Refusal to Admit Certain Appeals
2.4. Appeals Against Rulings of the Court Clerks
a) Motion for Reconsideration
b) Appeal for Review
2.5. Appeal Against Interlocutory Rulings a) Ordinary Procedure b) Summary Procedure
TOPIC 11. THE INTERMEDIATE PHASE. DISMISSAL. OPENING OF THE ORAL TRIAL. WRITTEN STATEMENTS OF PROSECUTION AND DEFENSE.
1. Nature and Functions of the Intermediate Phase: Dismissal or Opening the Oral Trial
2. Dismissal
3. Opening the Oral Trial
4. Processing of the Intermediate Phase in Ordinary Proceedings
5. Processing of the Intermediate Phase in Abbreviated Proceedings
TOPIC 12. ORAL TRIAL (I). INITIAL PROCEEDINGS: PRELIMINARY RULINGS. PRELIMINARY HEARING. THE DEFENDANT'S AGREEMENT.
1. The Oral Trial. General Issues and the Defendant's Presence
2. Processing of the Oral Trial in Ordinary Proceedings for Serious Offenses
3. Processing of the Oral Trial in Abbreviated Proceedings
4. The Agreement
TOPIC 13. THE ORAL TRIAL (II): EVIDENCE.
1. Concept
2. Anticipatory Evidence/Pre-Constituted Evidence. Incorporation of evidentiary sources
derived from the lawful limitation of fundamental rights
3. Evidentiary value of the police report and investigations
4. Object of the evidence
5. Evidentiary procedure
6. Evaluation of evidence and illegally obtained evidence
7. Burden of proof
8. The different means of evidence
9. Electronic or technological evidence
TOPIC 14. TERMINATION OF THE PROCEEDINGS AND RES JUDICATA.
1. Provisional termination of the proceedings
2. Definitive termination of the proceedings. In particular, the judgment
3. Effects of the proceedings: res judicata
TOPIC 15. THE SUMMARY PROCEEDINGS. SPECIAL FEATURES OF THE SUMMARY PROCEEDINGS. THE PROCEEDINGS FOR MINOR OFFENSES, ALSO CALLED TRIAL FOR MINOR OFFENSES.
1. Summary Proceedings
2. Trials for Minor Offenses
TOPIC 16. PROCEEDINGS FOR EXPEDITED TRIALS. THE PROCEDURE BY ACCEPTANCE OF A DECREE.
1. The procedure for expedited trials. Introduction: general outlines of the 2002 reform.
2. Admission of facts as a means to apply the one-third reduction in the sentence in summary proceedings and conversion to expedited trials.
3. Procedure by acceptance of a decree.
TOPIC 17. APPEALS.
7.1. Appeals against judgments.
7.2. Rescission of final judgments: The so-called appeals for review and annulment.
TOPIC 18. TRIALS BEFORE THE JURY COURT. CRIMINAL PROCEEDINGS INVOLVING OFFICIALS WITH SPECIAL JURISDICTION. PROCEEDINGS AGAINST JUDGES, MAGISTRATES, AND PROSECUTORS. PROCEEDINGS FOR THE CRIMES OF DEFAMATION AND SLANDER.
1. Introduction
2. Schematic Development
TOPIC 19. PROCEEDINGS WITH SPECIAL FEATURES: PROCEEDINGS FOR CRIMES COMMITTED BY PRINTING, ENGRAVING, OR OTHER MECHANICAL MEANS OF PUBLICATION; HABEAS CORPUS PROCEEDINGS; PROCEEDINGS IN MATTERS OF CRIMES COMMITTED BY PERSONS MEMBERS OF OR ASSOCIATED WITH ARMED GROUPS OR TERRORIST OR REBEL INDIVIDUALS; PROCEDURAL SPECIALITIES IN STATES OF EMERGENCY AND SIEGE; AUTONOMOUS CONFISCATION AND INTERVENTION OF THIRD PARTIES AFFECTED BY CONFISCATION. SUPRANATIONAL PROCEEDINGS: PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT.
1. Introduction. Proceedings for crimes committed through printing, engraving, or other mechanical means of publication
2. Schematic Development
TOPIC 20. COSTS AND ENFORCEMENT
1. Costs
2. Criminal enforcement
3. Review of sentences
Teaching and learning activities
In person
The teaching methodology for this module will consist, first and foremost, of lectures in which students will be required to participate actively through direct questioning, with the aim of raising questions that ensure genuine learning within our discipline.
Furthermore, whenever circumstances permit, the lecturer will use problem-based learning (PBL) for those topics where there are numerous case studies and which are, in this respect, well-suited to this methodology.
Notwithstanding the above, the lecturer will make use of practical and real-life case studies in most of the course’s classes.
LEARNING ACTIVITIES AND COMPETENCIES
Classroom presentation of concepts and their practical application
17
Classroom activities to monitor students’ progress (individual and group)
03 06 19 20 22 23 24 25 26
Independent study by students
11 17 20 24
Individual and group assignments
04 19 22 23 24
Evaluation systems and criteria
In person
The course assessment will consist of the following:
First sitting:
70% of the grade will be comprised of the average of two exams: a first, eliminatory midterm exam, which will take place on Wednesday, November 4th, and a final exam, the date of which is yet to be determined by the Faculty of Law's administrative office. The purpose of administering an eliminatory midterm exam is to assess students' learning at the halfway point of the course and to give them initial experience with the types of questions they will encounter on the final exam, as they will have the same format. Its eliminatory nature will encourage students to study daily, and passing the midterm exam will allow them to be tested on fewer topics in the final exam. A score of 5 or higher is required on each exam for both exams to be included in the average.
The remaining 30% of the grade will be comprised of continuous assessment activities and class attendance and participation. Continuous assessment will consist of two individual activities and one group activity. To pass the course, a grade of 5 or higher is required in each of the two sections mentioned above. Failure to achieve a minimum grade of 5 in both sections will result in an automatic failing grade.
Class attendance is MANDATORY because this is a Law degree program at a traditional university. Active participation in class will allow students to optionally increase their final grade and potentially obtain Honors. Mere physical presence or inappropriate or disrespectful behavior will not result in a positive grade. More than three unexcused absences will result in a failing grade for the continuous assessment activities and, therefore, a failing grade for the course.
Second Examination Period:
In the second examination period, the exam will account for 70% of the final grade. The exam structure will be identical to the final exam. 30% of the final grade will correspond to the grade for the continuous assessment indicated in the previous section. If this assessment was passed in the first exam period, the grade will be retained.
ASSESSMENT SYSTEM
First Exam Period:
1) Exams:
The exams for this subject will consist of a multiple-choice test.
A variable number of questions will be asked, each with four answer options. Students must select the most correct or most complete answer from those provided, or the incorrect one—depending on the question. There is only one correct or incorrect answer. Incorrect answers will result in a deduction of points. The point value for a correct and incorrect answer will be indicated at the top of the exam.
All students are required to dress formally for the exams; that is, they should dress as if they were going to a job interview or attending a legal conference.
Phones, smartwatches, and any other electronic devices must be put in airplane mode and left at the sides of the classroom before the exam begins.
2) Continuous Assessment Activities:
Continuous assessment will consist of two individual activities and one group activity.
The first continuous assessment activity will consist of creating a glossary of legal terms related to the topics covered in class. It must contain at least 50 technical terms. The objective of this exercise is for students to understand and learn to use the terminology specific to criminal procedure, which they will encounter in the Spanish Criminal Procedure Law (LECrim), hear in court, and use throughout their professional careers. This glossary must be handwritten. Computer-generated or digitally created work will not be accepted.
The second continuous assessment activity will consist of submitting a set of questions. Each question will be posed by the professor in class; this is another reason why class attendance is mandatory. The aim of this exercise is for students to independently explore topics and delve deeper into specific knowledge, following classroom explanations, and to improve their writing skills. It must be completed by hand. This exercise will not be accepted if done on a computer or using any other technology.
The third practical activity will consist of submitting a set of multiple-choice questions covering the entire course syllabus. Students must work in groups of three and create a total of 30 multiple-choice questions with four possible answers, indicating the correct one. Students must also indicate the page number in the textbook and/or the article in the Spanish Criminal Procedure Law (LECrim) where they found the correct answer. The objective of this exercise is to identify which syllabus content students consider most important or relevant, ensuring the instructor is aware of this information and that the students themselves are also aware of it.
Of the type of questions that could be asked on the final exam for the course. It must be handwritten. This assignment will not be accepted if completed on a computer or using any other technology.
Continuous assessment activities must be submitted on the last day of class, Wednesday, December 16, 2026. Honors cannot be obtained without attending class. Class attendance is mandatory, as it is the first step in acquiring knowledge of Procedural Law applied to the everyday situations you will encounter in your future career. Attendance and active participation in the lectures will determine which students achieve Honors.
Second sitting: Students who have not passed the continuous assessment may take the second sitting of the course exam, which will account for 70% of the final grade. The remaining 30% will come from the grade obtained in the continuous assessment that all students must complete and which, if passed in the first sitting, will be saved for consideration in the second sitting. The structure of the exam will be identical to that of the final exam.
Bibliography and resources
The starting point for studying this module is the Criminal Procedure Act (LECRIM) – please note that this must be up to date as at the date on which the module is taught.
Furthermore, and with a view to organising the content of the Act, the following textbooks are recommended:
ARMENTA DEU, T., Lessons in Criminal Procedural Law, Marcial Pons, Madrid, latest edition.
MONTERO AROCA, J., Jurisdictional Law III: Criminal Procedure, Tirant lo Blanch, Valencia, latest edition.
To complete the practical case studies, students must make use of the databases available to them in the University’s digital library.