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Derecho Procesal III (GED70276)

General information

Type:

OB

Curs:

3

Period:

S semester

ECTS Credits:

4 ECTS

Teaching Staff:

Group Teacher Department Language
Ed: 1 David Jesus Velazquez Vioque Derecho ESP

Group Teacher Department Language
Ed: 2 David Jesus Velazquez Vioque Derecho ESP

Previous Knowledge

The content of the Procedural Law I course.

Workload distribution

Workload distribution:
- In-class activities: 50% of total credits
- Guided activities: 20%
- Independent study: 30%

COURSE CONTRIBUTION TO PROGRAM

Introduce students to the means available to resolve conflicts between individuals.

Course Learning Objectives

To understand the organisation, structure and functioning of courts within the criminal area. This course gives special emphasis to the drafting of accusations, qualification documents, the essential aspects of evidential practice and the appeals system.

Competences

21. To acquire values and ethic principles
3. Taking decisions / making judgments

Relation between Activities and Competences

21 3
Class participation    
Practical exercises    
Exam    

CONTENT

1. CRIMINAL PROCEDURAL LAW: FUNCTIONS, SYSTEMS AND PRINCIPLES

The various criminal law functions: a. application of "iuspuniendi"; b. protection of the right to freedom; c. protection of the victim; d. rehabilitation of the defendant. Criminal procedural law systems: a. investigation systems; b. accusatory system; c. mixed accusatory system. Fundamental principles of criminal procedural law: a. constitutional principles and rights; b. legal-technical principles.

2. CRIMINAL LAW COMPETENCY

Criminal Law competency. Scope and limits of criminal jurisdiction. Generic criminal competency. Criteria to determine competency. Procedural handling. Penal connection.

3. PARTIES IN CRIMINAL LAW PROCEEDINGS

Public Prosecutor. Individual plaintiff, victim and plaintiff for the people. Private plaintiff. Civil plaintiff. The accused. The accused's presence and absence: failure to appear. Civil liability.

4. OBJECT OF CRIMINAL LAW PROCEEDINGS

The object of Criminal Law proceedings. Elements identifying the proceeding object. Connection between objects. "Ex delicto" civil proceedings. Procedural rules for civil liability in the Law on Criminal Proceedings. Pre-trial questions.

5. INITIATION OF CRIMINAL PROCEEDINGS

Means of initiating proceedings. Ex officio. Police reports. The complaint. The action: a. the role of the plaintiff; b. competent body to present the complaint and the complaint structure; c. consequences of the complaint; d. abandonment of the complaint. Pre-trial investigation and its differences with the legal proceedings. Investigation by the Public Prosecutor's Office. Actions by the Police for the Courts.

6. INVESTIGATION PROCEEDINGS I

Investigation procedures. Report on the search of a closed space. Report on the search of books and papers. Postal and telegraphic interception. Telephone tapping. Filming in public spaces.

7. INVESTIGATION PROCEEDINGS II

Declarations by the accused party. Witness reports. Face to face confrontation. Expert reports. Legal recognition. Proceedings related to the "corpus delicti" (body of evidence). Proceedings to determine the suspect and his/her personal circumstances. Direct evidentiary proceedings. Blood-alcohol level tests and drug testing. Supervised surrender. Undercover agents.

8. PRECAUTIONARY MEASURES

Personal precautionary measures: a. arrest; b. probation; c. temporary detention pending trial; d. means to protect victims of domestic violence. Real precautionary measures: a. bail; b. seizure of assets; c. provisional registry of assets; d. provisional support; e. immediate seizure of the vehicle; f. other measures affecting assets.

9. ACCUSATION AND THE END OF INVESTIGATION PROCEEDINGS

The accused party in criminal proceedings. The accused party in ordinary criminal proceedings: legal decision on his/her personal situation, processing and interrogation. Proceedings without indictments: the accused party in summary proceedings and minor-offense trials. End of investigation proceedings. Dismissal and types. The order to commence oral proceedings. Procedural costs. Provisional declarations by the parties. Defendant's admission.

10. EVIDENCE I

Evidence. Concept and object. Typical elements of criminal evidence. Probative proceedings. Illegally obtained evidence.

11. EVIDENCE II

Defendant's declarations. Witnesses. Expert evidence. Probative value of summary actions; analysis of Article 730 in the Law on Criminal Proceedings. Evidence existing before the trial. Evidentiary exhibits and documents. Legal recognition. Face to face confrontation. Circumstantial evidence.

12. ORAL HEARINGS

Oral hearings. Preparation. Start of oral hearings: development and conclusion. The thesis of Article 733 in the Law on Criminal Proceedings. Proceeding cancellation: requirements and general causes.

13. END OF CRIMINAL PROCEEDINGS

The criminal sentence. Concept and types. Internal requirements and particular content. Proof of evidence. Innocent until proven guilty. The "in dubio pro reo" principle. Congruence. Effect of the sentence. The legally settled matter. Appeal of the legally settled matter. Procedural costs.

14. APPEALS

Means of appeal. Petitions to the same court: a. request for reconsideration; b. appeal to the sentencing judge; appeal for reversal; c. petition for writ of certiorari. Ordinary appeals: a. appeal for reversal, b. the appeal; c. writ of certiori. Instrumental appeals: complaint for not admitting another appeal. Appeal for annulment.

15. ORDINARY PROCEEDINGS

Area of application. Proceeding components: initiation, development and conclusion. The intermediate phase. The oral hearing: a. preparation; b; proposition and sufficient cause of action based on prior questions; c. oral proceedings.

16. SUMMARY PROCEEDINGS

Area of application. Role of the Police for the Court and the Public Prosecutor's Office. Prior diligence. Conclusion of the prior investigation. Admission of the facts. Intermediate phase. Petition for further evidence. Dismissal and characteristics. The indictment. Defence brief. The oral proceeding phase. Sentence and appeal. Sentence execution.

17. THE PROCEEDING FOR THE QUICK TRIAL OF CERTAIN CRIMES

Legal rules and nature. Area of application. Proceeding characteristics. Investigation phase. Preparatory phase for oral proceedings. Oral proceedings, sentence, appeal and execution.

18. MINOR OFFENSE TRIAL

Minor offense trial. General rules and for immediate trial of minor offenses; area of application. Designation of proceedings and citations. Proceedings. Sentence and appeal. Consolidated civil proceeding.

19. PROCEEDINGS WITH JURY

General characteristics. Area of application. Consolidation of elements for indictment. Indictment confirmation. Preliminary hearing. Appearance before a jury. Determination of the proceeding object. Oral hearing. Jury composition and sentence formulation. The sentence. Appeals, with special consideration for appeals against certain sentences.

20. SPECIAL CRIMINAL PROCEEDINGS

Proceedings against Senators and Members of Parliament. Proceedings for libel and slander against individuals. Proceedings for crimes committed by any means of communication or publication. Proceedings according to Law 5/2000, dated January 12th, on the Criminal Responsibility of Minors. International cooperation for criminal proceedings. Passive extradition. European orders for arrest and extradition.

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Class participation 10
Practical exercises 20
Exam 70

Assessment criteria

The assessment criteria to determine students' final marks include class participation, practical exercises related to the course content and the final exam.

Students who do not:
1. Pass this course in the FIRST-SITTING due to not attending class, not completing the assignments specified or copying these will not be able to pass this class by RE-SITTING THE FINAL and will thus have to re-take the same course, duly completing the activities specified by faculty.
2. Have the level of required competencies may move on to the next year so long as they pass this course but they will not be able to complete the final degree project until they achieve the level of competencies required for the programme.

Bibliography

Short bibliography:
Legislation
- Law on Criminal Procedures with the complementary legislation
- 1985 Organic Law on the Judicial Power

Manual
-MONTERO AROCA, J.; GÓMEZ COLOMER, J.L.; MONTÓN REDONDO, A.; BARONA VILAR, S.: Derecho Jurisdiccional III. Proceso Penal, 22ª ed., ed. Tirant lo Blanch, Valencia, 2014.



Timetable and sections

Group Teacher Department
Ed: 1 David Jesus Velazquez Vioque Derecho

Timetable Ed: 1

From 2015/2/3 to 2015/5/14:
Each Tuesday from 10:00 to 11:30.
Each Thursday from 8:00 to 9:30.

Tuesday 2015/6/2 from 10:00 to 13:00.

Group Teacher Department
Ed: 2 David Jesus Velazquez Vioque Derecho

Timetable Ed: 2

From 2015/2/3 to 2015/5/14:
Each Thursday from 10:00 to 11:30.
Each Tuesday from 8:00 to 9:30.

Tuesday 2015/6/2 from 10:00 to 13:00.