Degree | Type | Year | Semester |
---|---|---|---|
2500257 Criminology | OB | 3 | 1 |
Do not apply.
The main goal of this course is that the student could be able to explain to anyone the basic structure of our Criminal process system. Especially it is intended that the student could be able to provide information to a defendant about the structure of the Criminal process, the different kinds of Courts, the parties that can be involved and about the legal appeals against the judgment.
Furthermore, others aims are the following ones: a) Ensure that the student can draw up a Criminological report required by the Judge during the pre-trial stage of the Criminal process and/or advise the Judge regarding the adoption of a precautionary measure against the accused; b) Ensure that the student can cooperate with the different institutions in charge of the investigation, particularly with the police.
I. Constitution and criminal procedure. Principles of criminal procedure
1. The constitutionalization of procedural rights
2. The consequences of the constitutionalization of procedural rights
3. Types of procedural rights
4. The principles of the criminal process
II. Systems of criminal prosecution
1. The accusatory system
2. The inquisitive system
3. The mixed system
4. The different functions of the criminal process
III. Ordinary criminal proceedings
1. The process for minor offences
2. The abbreviated process
3. The process for serious offences
4. The process for the trial by Jury
5. Summary judgements
6. The procedure for juvenile offenders
IV. The Spanish judicial organisation
1. Criminal jurisdiction. Limits
2. Criminal competence
2.1. The objective competence
2.2. The functional competence
2.3. The territorial competence
2.4. Connection between crimes
V. The activity of the parties in the criminal process
1. The criminal action
2. The civil action derived from the crime
VI. The parties in the criminal process
1. The concept of party in the criminal process
2. The prosecuting parties
3. The accused parties
4. The legal representation in the Criminal process
VII. Prevention measures in the criminal process
1. Notion and function of the prevention measures
2. Elements to apply prevention measures
3. Different preventive measures
4. The procedure for adopting prevention measures
VIII. The initiation of the criminal process
1. The criminal report
2. The criminal complaint
3. The initiation by the judge
IX. The investigation (Pre-trial stage)
1. Investigation measures
2. The end of the investigation
3. The dismissal
X. The trial stage
1. The accusation pleading (or provisional qualification)
2. Preliminary questions
3. The evidence
4. Suspension and interruption of the trial
XI. Expert evidence
1. Characteristics of the expert
2. Expert opinion
3. Role of the expert in the process
XII. The end of the trial and appeals
1. The criminal judgement
2. The prejudicial questions
3. Effects of the judgment: res judicata
4. Challenging resjudicata
5. The appeals: types and effects
The programming of the 2021-2022 academic year at the Faculty of Law is totally face-to-face, both in terms of teaching and in relation to evaluation.
Teaching of “Criminal process” will combine lectures and seminars. The first part of the class will be based on the lecturer’s explanation. The second part of the class will be dedicated to the preparation, correction and commentary of works presented by the students, as well as to doubts and questions about topics raised by students.
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Title | Hours | ECTS | Learning Outcomes |
---|---|---|---|
Type: Directed | |||
Discussion and resolution of practical cases | 2 | 0.08 | 5, 4, 7, 8, 1, 10 |
Practicum | 15 | 0.6 | 5, 4, 7, 6, 8, 1, 10, 9 |
Resolution of doubts, discussions and conferences | 2.5 | 0.1 | 2, 3, 5, 4, 7, 8 |
Theory class | 19.5 | 0.78 | 2, 3, 7, 8, 9 |
Type: Supervised | |||
Evaluation | 5 | 0.2 | 3, 5, 7, 6, 1 |
Type: Autonomous | |||
Study of the subject | 106 | 4.24 | 5, 4, 7, 8, 1, 9 |
There is only one evaluation model: the “continuous evaluation”. Failure to comply with duties due to illness or other exceptional circumstances will be considered, provided there is a valid certification.
The final grade for the course will be obtained by the sum of the different works and papers that the student has to present (25%+25%), as well as by adding the score achieved in the test (50%).
The student that cheats or attempts to cheat in the exam will fail it and will lose the right to a second chance. Plagiarism will conduct to fail the essay.
Title | Weighting | Hours | ECTS | Learning Outcomes |
---|---|---|---|---|
Exam | 50% | 0 | 0 | 2, 3, 7, 6, 1, 11, 9 |
Papers | 25% | 0 | 0 | 2, 3, 5, 4, 7, 8, 9 |
Works at class | 25% | 0 | 0 | 2, 3, 5, 4, 7, 6, 1, 10, 11 |
SOME POSSIBLE HANDBOOKS TO CONSULT:
Navarro-Villanueva, Carmen and Tamarit-Sumalla, Josep M. (2017). Introducción al derecho procesal penal: jurisdicción, competencia, partes y estatuto jurídico de la víctima. In M. Cugat-Mauri, J. Baucells-Lladós and M. Aguilar-Romo (Coords.). Manual de litigación penal (pp. 179-206). Tirant lo Blanch. [Electronic document]
Ramos-Méndez, Francisco (2016). Enjuiciamiento Criminal. Atelier.
Gimeno-Sendra, Vicente (2018). Manual de derecho procesal penal. Castillo de Luna.
Nieva-Fenoll, Jordi and Bujosa Vadell, Lorenzo (Dirs.) (2016). Nociones preliminares de derecho procesal penal. Atelier.
Nieva-Fenoll, Jordi and Bujosa Vadell, Lorenzo (Dirs.) (2017). Nociones preliminares de derecho procesal penal para criminólogos. Atelier.
Nieva-Fenoll, Jordi (2019). Derecho procesal III: Proceso penal. Tirant lo Blanch. [Electronic document]
Moreno-Catena, Víctor and Cortés-Domínguez, Valentín (2019). Derecho Procesal Penal. Tirant lo Blanch. [Electronic document]
Armenta-Deu, Teresa (2019). Lecciones de Derecho Procesal Penal. Marcial Pons.
Montero-Aroca, Juan, Gómez-Colomer, Juan L., Barona-Vilar, Silvia, Esparza-Leibar, Iñaki and Etxeberria-Guridi, JoséF. (2019). Derecho Jurisdiccional III. El proceso penal. Tirant lo Blanch. [Electronicdocument]
Asencio-Mellado, José María (Dir.) (2020). Derecho Procesal Penal. Tirant lo Blanch. [Electronic document]
The subject does not requiere any specific software.