Procedural Penal Law 1
Main language of instruction: Spanish
Other languages of instruction: Catalan
| Sem.1 | WE | 10:00 12:00 | b504 |
Head instructor
Dr. Sergi COROMINAS - scorominas@uic.es
Office hours
With the aim to provide the best academic support to the student, the opening ours will be Wednesdays from 12:00 to 14:00, after the lesson, in the office D11-B600 of the 6th floor of the Beta Building in the Barcelona Campus.
Furthermore, the student can always ask for tutoring out of the stablished timetable and in the same location prior appointment through email to the professor of the subject.
The subject Derecho Procesal Penal I (Criminal Procedure I) immerses the student in the process through which the State is going to apply the Criminal Law previously studied.
In general terms, this discipline intents to provide the student with the knowledge and abilities needed in order to guarantee a fair hearing and effective legal protection in the near labour future.
In this first part of the subject, the principles that inspire the Criminal Procedure and the Fundamental Rights entangled play a major role not only in the first part of the Criminal Procedure focused on the criminal investigation, but also in the Oral Hearing that we will study in Derecho Procesal Penal II (Criminal Procedure II).
It is advisable to have previously passed the subject Procedural Law 1.
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.
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.
TOPIC 1. The Criminal Procedure: aims and characteristics. Analogies and differences with the Civil Procedure. Systems and principle of the Criminal Procedure.
TOPIC 2. Principles of the procedure. Constitutional and supranational Rights and Guarantees.
TOPIC 3. The determination of the judge: criminal jurisdiction, recusal and abstention
TOPIC 4. The prosecutors in the Criminal Procedure (I): public prosecutor, private prosecutors and the victim
TOPIC 5. The accused parties in the Criminal Procedure
TOPIC 6. The object of the Criminal Procedure. The preliminary rulings
TOPIC 7. The criminal investigation (I): preliminary phase
TOPIC 8. The criminal investigation (II): development of the investigation: acts of investigation. The European Arrest Warrant
TOPIC 9. The criminal investigation (III): measures that limit the Fundamental Rights
TOPIC 10. Interim or precautionary measures
TOPIC 11. The subjective delimitation of the Criminal action: the act of committal for trial and the criminal charge. The end of the criminal investigation
| TRAINING ACTIVITY | COMPETENCES |
|---|---|
| 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 |
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, 12ª edition, 2019.
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.