Universitat Internacional de Catalunya - Barcelona

Procedural Penal Law 2

• code 10415
• course 4
• term Semester 2
• type OB
• credits 2

Main language of instruction: Spanish

Other languages of instruction: Catalan

Head instructor

Dr. Marc MOLINS - mmolinsr@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 mmolinsr@uic.es, always with a copy to cdemiranda@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.

As can be seen, in the section devoted to the contents of the subject, this one forms a unit with its precedent, Criminal Procedure Law 1. Therefore, we refer to the presentation of the latter to the effects that occupy us.

(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.

• 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

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.

The syllabus of the subject is the following:

UNIT 1.- The intermediate phase: accusation and defense.

UNIT 2.- The oral trial.

UNIT 3.- The evidence (I).

UNIT 4.- The evidence (II).

UNIT 5.- The procedure before the Court of the Jury.

UNIT 6.- The Judgment.

UNIT 7.- The appeals in the pre-trial phase.

UNIT 8.- The appeals against the sentence.

UNIT 9.- The ordinary summary process.

UNIT 10.- The process of rapid prosecution.

UNIT 11.- The prosecution of minor offenses.

UNIT 12.- The execution phase.

UNIT 13.- The nullity of the evidence and the nullity of actions.

UNIT 14.- International criminal judicial cooperation.

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.