Subject

Procedural Penal Law 1

  • code 10410
  • course 4
  • term Semester 1
  • type OB
  • credits 3

Main language of instruction: Spanish

Other languages of instruction: Catalan

Timetable
 Sem.1  TH 12:00 14:00 b504

Teaching staff

Head instructor

Dr. Carlos DE MIRANDA - cdemiranda@uic.es

Office hours

Outstanding importance is given to this aspect of teaching. It is intended that students feel supported and motivated for solving the problems that may arise in their learning activity of matter. Special attention to assist the student in the actual use of the subject (providing additional tools, bibliographic and jurisprudential materials, etc.). Any issue must be resolved with the teacher, for what it is advisable to get an appointment (send emails to cdemiranda@uic.es, always with a copy to teacher Marc Molinsmmolins@uic.es). In addition, all virtual correspondence will be forwarded by the subject teacher always contain a copy to another teacher in the area of knowledge, purpose and effect of maximum respect for the principles of collegiality and transparency, by which it is governed this department.

Introduction

The student has already completed the programs in Criminal Law, for when it meets the matter that concerns us. And it is good that this is so. First, he knows perfectly the basis of the general theory of crime. Then he is familiar with the catalogue of criminal offenses. But if the training stops here, the preparation of our lawyers would all lights incomplete. Attended the brocardicum nulla, nulla sine culpa iudicio (do not forget that the determination of guilt and sentencing is exclusive and non-delegable State competition), it is unavoidable to go through the process so that ultimately the effective realization occurs Criminal law. Hence the justification-and importance-of this subject. It provides students with the conceptual and also essential tools to intervene in criminal proceedings with legally, adequate and effective practices. The present subject enables the jurist training can make criminal law to take its best: the trial and sentencing.

Pre-course requirements

It is advisable to have previously studied the subject Procedural Law 1.

Objectives

Are pursued the following objectives:

(i) To know the structure and functioning of the Spanish criminal justice system and to understand correctly the mechanics of the main criminal procedure institutions. It is intended that students understand the matter perfectly, so that they can face the law, explanations of customers and to assimilate smoothly specialized information.

(ii) Knowing how to handle easily and without help each and every one of the institutions of the declaratory criminal proceedings. At the end of the course, they should be able to write complaints, assist the client -in quality of researched-, make good technical defense during the instruction, and intervene in trials fluently.

(iii) Mastering the legal texts, its details, chinks and peculiarities.

Competences / Learning outcomes of the degree programme

  • 06 - To acquire the ability to make decisions
  • 11 - To acquire skills for autonomous learning
  • 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
  • 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

Learning outcomes of the subject

1. Know and understand the basic concepts of criminal procedural law: the purpose of the criminal proceedings, its structure and the complex web of procedural types.

2. Know, identify and understand the different phases of declaratory criminal proceedings, the evidence and the system resources.

3. There will be acquired skills in oral and written communication.

4. There will be developed skills in resolving legal disputes related to the contents of the module.

5. There will be acquired procedural skills.

6. There will be developed habits of neatness in personal presentation and document.

Syllabus

The syllabus of the subject is the following:

TOPIC 1.- A synthetic introduction to the Spanish penal process.

TOPIC 2.- Fundamental rights and constitutional guarantees in criminal proceedings.

TOPIC 3.- Basic structure of the criminal process. Study of the different criminal procedural channels.

TOPIC 4.- Criminal jurisdiction.

TOPIC 5.- Accusation and defence.

TOPIC 6.- Initiation of criminal proceedings

TOPIC 7.- Instruction (I): procedural aspects.

TOPIC 8.- Instruction (II): Criminal investigation (1)

TOPIC 9.- Instruction (III): Criminal investigation (2)

TOPIC 10.- Instruction (IV). Criminal investigation (3)

TOPIC 11.- Completion of pre-trial work.

TOPIC 12.- Personal precautionary measures.

TOPIC 13.- Material precautionary measures.

Teaching and learning activities

In person

TRAINING ACTIVITYCOMPETENCES
Presentación en el aula de los conceptos y su aplicación práctica
17
Actividades en el aula para el seguimiento de los alumnos (individual y en grupo)
03 06 19 20 22 23 24 25 26
Estudio independiente del alumno
11 17 20 24
Trabajos individuales y en grupo
04 19 22 23 24

Evaluation systems and criteria

In person

In this subject, students can choose between two systems: (i) general system, or methodology of the case - with a continuous evaluation system, and (ii) special system, or preparation of the opposition agenda.

 

Students who wish to take part in the evaluation system (ii) must e-mail the teacher until 24 hours on 17 September. Silence is interpreted as a tacit ascription to the evaluation system (i).

 

EVALUATION SYSTEM (I) OR GENERAL SYSTEM

1.- The key to this system is continuous evaluation.

2.- Except for the first two days of class, all teaching will follow the case method or practical procedural activity in the courtroom.

3.- At the beginning of the course, the detailed schedule of course activities will be provided.

4.- The cases will be prepared by teams, of four people, as a general rule. The teams will voluntarily conform the students themselves.

5.- In each practical class, a team to defend the corresponding cases will leave, by appointment of the professor. Another group will be asked to submit the written resolution of the cases.

6.- The intervention of the team will be evaluated by the teacher, according to the overall rating of the performance of each of its members. Although the joint note will be attributed jointly to all the components of the team, the teacher may weigh, downward or upward, the rating of any of them.

7.- The grade of said interventions will represent 70% of the continuous assessment grade.

8.- There will be two memoranda of concepts and theoretical contents of the course, whose impact on the grade of the continuous evaluation will be 30%.

9.- The students will be able to free the subject, being freed of the final exam, if they obtain an 8.0 in the continuous evaluation.

10.- The students that have released can, if they want, go to the final exam to increase their qualification or to opt for the honor registration. Your participation in the final exam can only benefit them, never harm them. Such a prize will consist of the following: if they get less than a 7.0, they will stay the same. If you get between 7.0 and 7.9, you will add 0.5 points out of ten to your final grade. If they get between 8.0 and 8.9, a point over ten will be added. If they get between 9.0 and 10, they will add 1.5 points out of ten.

11.- To apply for enrollment, you must meet the following requirements: have released and have been submitted to the final exam, which will be awarded to the one who gets the highest grade in this last test. In the event of a tie, applicants will be informed and will undergo an oral tiebreaker test, through an interview, in which they will be asked questions about the subject.

12.- Students who do not release, must take the final exam. The continuous evaluation will have a value of 50% of the grade (only if they have obtained between 5.0 and 7.9) and the other 50% will result from the final test.

13.- The final test will consist of a practical case to be solved by the students, having for it two hours of time, two sheets of paper to be written on both sides (as maximum space) and they will be able to have all the regulations they wish. , in paper format. This final exam will be anonymous (the student will only review his / her ID).

14.- In second call, the mark of the continuous evaluation will not be maintained and the qualification will result from an exam, practical case type, to be solved by the students, having for it two hours of time, two sheets of paper to be written by both sides (as maximum space) and may have all the regulations they want, in paper format. This final exam will be anonymous (the student will only review his / her ID).

 

EVALUATION SYSTEM (II) OR SPECIAL FOR OPPOSITORS

1.- The student is exempt from following the continuous evaluation.

2.- The student is not exempt from attending class; must go to all sessions (list will be passed).

3.- Your final grade will be obtained from a single exam, in the ordinary exam period.

4.- In that final single exam the student will select, at random, two topics included in the second half of the agenda of access to judicial and fiscal careers (topics 1 to 18 of the official agenda published in the Official State Gazette) discarding one .

5.- The student must orally expose the chosen topic during a space of 10 minutes. Failure to cover said time will result in a suspension with a numerical rating of "0.0".

6.- The exam will be held in a court, consisting of two professors.

7.- Each intervention will be recorded and a concise manuscript will be drawn up of the contents of the entire proof by the Secretary of the Court.

8.- In second call, the student who has followed this system in the first call, will apply the same rules of examination.

EVALUATION SYSTEM
Asistencia y participación en clase
Pruebas orales
Resolución de casos

Bibliography and resources

BIBLIOGRAPHY OF THE GENERAL EVALUATION SYSTEM

(i) The most important documentary material for this subject is the Law on Criminal Procedure (in its current version, it must be kept in mind that its last reform was carried out in October 2015), on paper.

(ii) For the study of the topics, the preparation of the cases and the preparation of the final examination (for those who submit to it), the following bibliography is especially recommended:

-(As a masterpiece) RAMOS MÉNDEZ, F., Enjuiciamiento Criminal. Duodécima lectura constitucional, edit. Atelier, Barcelona, 2016.

-GIMENO SENDRA, V., Derecho Procesal Penal, edit. Aranzadi, Cizur Menor (Navarra), 2015.

-RODRÍGUEZ-RAMOS LADARIA, G., Litigación penal. Visión sistemática y actual del proceso, edit. Bosch, Barcelona, 2017.

-LÓPEZ BARJA DE QUIROGA, J., Ley de Enjuiciamiento Criminal. Comentada con jurisprudencia sistematizada y concordancias, edit. Lefebvre, Madrid, 2017.

(iii) Students have access licenses to the Westlaw Insignis database, where they can consult jurisprudence.

 

BIBLIOGRAPHY OF THE SPECIAL EVALUATION SYSTEM (opposing methodology)

Although the student can prepare the 18 subjects freely, the area of knowledge recommends to this effect the manual of GIMENO SENDRA, V., Derecho Procesal Penal, edit. Aranzadi, Cizur Menor (Navarra), 2015, or any other manual adapted to the preparation of competitions for access to judicial or fiscal careers.

Evaluation period

E: exam date | R: revision date | 1: first session | 2: second session:

  • E1 16/01/2020 15:00h b503
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