Criminal Court Cases
Code: 102204 ECTS Credits: 6| Degree | Type | Year |
|---|---|---|
| 2500786 Law | OT | 4 |
Contact
- Name:
- Maria Carmen Navarro Villanueva
- Email:
- maricarmen.navarro@uab.cat
Teaching groups languages
You can view this information at the end of this document.
Prerequisites
Do not apply
The language of the course (Theory and Seminars) is Catalan. However, if the course is attended by international students, the course will be in Spanish.
The classes will be taught taking into account the sustainable development goals’ perspective.
Objectives and Contextualisation
The main goal of this course is that the student could be able to understand the basic structure of our Criminal process system. Especially it is intended that the student could be able to provide information to an accused person in a Criminal process or to the victim of a crime about its structure, the different kinds of Courts, the parties that can be involved and about the legal appeals against the judgment. Moreover, the course aims to provide a general overview about the Spanish prison law and the enforcement of the prison sentence.
Competences
- Acquiring the basic knowledge from the several legal dogmas and presenting them in public.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Drawing up legal texts (contracts, judgements, sentences, writs, rulings, wills, legislation...).
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Identifying, knowing and applying the basic and general principles of the legal system.
- Memorising and utilising legal terminology.
- Working in multidisciplinary and interdisciplinary fields.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
Learning Outcomes
- Defining the basic procedural concepts.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Distinguishing the procedural and non-procedural documents of the several procedural fields.
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Identifying the arisen procedural problems and looking for a solution for them in the several sources and resources studied.
- Identifying the procedural issues presented in every practical case.
- Managing the sources and resources needed in order to find the solutions to the practical cases.
- Relating the basic procedural concepts to the rest of legal disciplines.
- Using the legal procedural language.
- Working in multidisciplinary and interdisciplinary fields.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
Content
FIRST PART: REVIEW OF THE MAIN CONCEPTS OF THE CRIMINAL PROCEDURE LAW
I. Procedural principles and guarantees
1. The constitutionalization of procedural rights.
2. The consequences of the constitutionalization of procedural rights.
3. Procedural guarantees
4. The principles of the Criminal Process
II. The functions of the Criminal process. Systems of Criminal prosecution
1. Systems of Criminal prosecution
2. The different functions of the Criminal Process
III. Ordinary Criminal proceedings
1. The process for minor offenses
2. The abbreviated process
3. The process for serious offenses
4. The process for the trial by Jury
5. Summary judgements
6. The process for juvenile offenders
IV. The Spanish judicial organization
1. The criminal jurisdiction and the limits of the Criminal jurisdiction
2. The criminal jurisdiction
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. Requirement to apply prevention measures and elements
3. Kinds of 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. The end of the trial
1. The criminal judgement
2. The prejudicial questions
3. Effects of the judgment: res judicata
XII. The appeal
1. The appeal and its effects
2. Kinds of appeals
SECOND PART. PENITENCTIARY LAW
I. The nature of the execution of the prison sentence. Law applicable and organs involved
1. The complexity of the penal execution: dispersal legislation and the division of the functions between the different organs.
2. The Penitentiary Administration
3. The intervention of the sentencing judge in the execution of the prison sentence. Special reference to the alternatives to the prison.
4. The role of the prison inspection judge.
5. Other organs involved in the execution of the prison sentence.
II. Classification and treatment
1. General overview
2. Assessment and classification
3. Types of classification: closed regime, ordinary regime and open regime.
III. Prisoner rights and duties
1. The status of prisoner
2. Rights
3. The right to the prison work
4. Duties
5. The responsibility of the Prison Administration
IV. The contacts with the outside world
1. Overview
2. Accompanied exits and leaves
3. Communications
4. Packages
V. Disciplinary measures
1. Disciplinary infractions
2. Disciplinary sanctions
3. Procedure
VI. Release from prison
1. Overview
2. Parole
3. Indult
4. Rewards
Activities and Methodology
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Discussion relating real and current procedural problems | 4 | 0.16 | 2, 3, 4, 5, 8, 9 |
| Lectures | 22 | 0.88 | 1, 2, 6, 8, 9 |
| Practical cases | 9 | 0.36 | 2, 3, 4, 6, 5, 8, 11, 10, 7 |
| Practical cases and works resolution | 9 | 0.36 | 1, 2, 3, 6, 8, 11, 10, 9, 7 |
| Type: Autonomous | |||
| Assessment | 6 | 0.24 | 1, 2, 6, 8, 10, 9 |
| Study of the subject | 100 | 4 | 1, 2, 3, 8, 10, 9 |
Classes of the “Criminal Process” will combine lectures and seminars. The first part of the class will be devoted mainly to the learning of the Criminal process based on the professor’s explanation. Previously, the student will need to study in detail the subject in question. Sometimes, after the lecture, students will be tested in order to verify their knowledge of the subject.
The second part of the class will be dedicated to the correction and commentary of the works presented by the students as well as to doubts and questions about the topic raised by students. Finally, we will discuss the news appeared along the week into the media regarding the reality of the Criminal process in Spain.
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.
Assessment
Continous Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Assessments (2) | 50% | 0 | 0 | 1, 2, 3, 5, 9 |
| Collective practices | 25% | 0 | 0 | 2, 3, 4, 6, 5, 8, 11, 10, 9, 7 |
| Individual practices | 25% | 0 | 0 | 1, 2, 3, 6, 5, 8, 11, 10, 9, 7 |
A) Continuous evaluation model
The continuous evaluation model- which is the recommended model- requires the attendance of the classes. No attendance is only justifiable in case of illness or similar reasons. Documentary evidence will be provided in case of no attendance. The final grade for the course will be the average grade of the different works that the student has to present along the course (50%) as well as of the grades of two multiple choice exams that the student will do (50%). The mark of the exams must be, at least, a 4 in order to pass the course, provided that the average grade of both is a 5.
The student will be evaluated as long as he/she carried out the 2/3 parts of the activities of this evaluation model. If the number of his/her activities is less than 2/3, the teacher can grade the student as “unevaluable”.
A minimum mark of 5 in the two items of assessment is required. In the case of failure of one of the two items of assessment (works and exams) a second chance will be given.
The student that cheat or attempt to cheat in the exam will fail. Plagiarism will conduct to a fail the essay. In the case of recidivism, the student will receive a fail mark.
B) Single evaluation model
Students will be assessed on the basis of a unique evaluation. This evaluation will include three types of activities:
a) Theoretical exam (50%). The format will be multiple choice. Duration: 60 minutes
b) Oral presentation (25%) before a University Tribunal: Two sections or subsections of the programme wil be offered and the student must select one to present it orally. The student will be given a maximum of 10 minutes to prepare the presentation; next, the student will make the oral defence (5 minutes), and, finally, the student will answer the questions arisen by teachingstaff.
c) Case paper (25%): The question(s) formulated in the case paper will have to be answered. The student can use the Ley de Enjuiciamiento Criminal, the Ley Orgánica General Penitenciariaand the Reglamento Penitenciario in this activity. Duration: 60 minutes
To pass the course, the student needs a minimum score of 2,5 points in the exam, 1,25 points in the oral presentation and 1,25 points in the case paper. Only failed activity will be subject to re-evaluation.
Bibliography
Bibliography
Compulsory handbook:
* RAMOS MÉNDEZ Francisco. (2022), Enjuiciamiento criminal. 13ª lectura constitucional, Atelier, Barcelona.
* NAVARRO VILLANUEVA Carmen (2017), Las recientes reformas de la ejecución de la pena privativa de libertad. Justicia 2, 275-318.
Other handbooks:
* ARMENTA DEU Teresa (2021), Lecciones de Derecho Procesal Penal, Marcial Pons, Madrid.
* CERVELLÓ DONDERIS Vicenta (2022), Derecho penitenciario, Tirant lo blanch, Valencia (available at the UAB digital library)
* CORTES DOMÍNGUEZ Valentín/MORENO CATENA Víctor (2023), Derecho procesal penal, Tirant lo blanch, Valencia (available at the UAB digital library(.
* GIMENO SENDRA Vicente(2021), Derecho procesal penal, Dykinson, Madrid (available at the UAB digital library)
* MONTERO AROCA Juan et al (2019) Derecho jurisdiccional, vol. III (Proceso penal), Tirant lo blanch, Valencia (available at the UAB digital library)
* NAVARRO VILLANUEVA Carmen (2019), Ejecución de la pena privativa de libertad. Juruà,Porto (available at the UAB digital library)
Software
The subject does not require any specific software.
Language list
| Name | Group | Language | Semester | Turn |
|---|---|---|---|---|
| (PAUL) Classroom practices | 51 | Catalan | second semester | afternoon |
| (TE) Theory | 51 | Catalan | second semester | afternoon |