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Criminal Procedural Law 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

Students should be able to:
- Define the criminal procedural law and provide for their delimitation;
- Understand and interpret the fundamental structuring principles of criminal procedure;
- Explain the sources, make the interpretation and integration of criminal procedural law and understand the scope of validity and application of criminal procedural law in time and space;
- Defining elements of the process and know the various procedural subjects and their role in the proceedings and apply these concepts;
- Recognize the theory of procedural acts;
- Understand and explain the importance of the event, its principles, limits and prohibitions by comparison with the regime of procedural irregularities;
- Explain the coercive measures, the various procedural stages and their purpose.

Recommended Prerequisites

Constitutional Law
General Process Theory
Criminal Law I and II

Teaching Metodology

The lecture method is predominant in the lecture which will be complemented by critical commentary and placement problems to students and, where relevant, critical analysis and review of legislation and jurisprudence. The latter part of the methodology will be followed in practical classes where students will also be case studies. The support and monitoring student in their learning promotes self-study.

Body of Work

I - The criminal procedural law and criminal procedure. Delimitation and structuring key principles.
II - The criminal procedural law. Sources, interpretation, integration and scope of the criminal procedure law in time and space.
III - Elements of criminal proceedings. Subjects of the process: the judge, the court, prosecutors, the criminal police, the accused and his counsel, of the attending, the victim, the civil parties.
IV - Understanding the theory of procedural acts.
V - Proof. Its importance, principles, limits and prohibitions of proof by comparison with the regime of procedural irregularities.
VI - The enforcement measures. The various procedural stages: investigation, education, trial, appeal and their purpose.

Recommended Bibliography

SILVA, Germano Marques da. Direito Processual Penal Português. Do Procedimento (Marcha do Processo), Lisboa: Universidade Católica Editora, 2014

SILVA, Germano Marques da.Direito Processual Penal Português. Noções Gerais. Sujeitos Processuais e Objecto, Lisboa: Universidade Católica Editora, 2014

- DIAS, Jorge de Figueiredo Dias. Direito Processual Penal, Coimbra: Coimbra Editora, reimpressão

Complementary Bibliography

GUIMARÃES, Ana Paula. A pessoa como objecto Cde prova em processo penal: exames, perícias e perfis de ADN – reflexões à luz da dignidade humana, NovaCausa Edições Jurídicas, 2016

CARVALHO, Paula Marques. Manual Prático de Processo Penal, 9.ª ed., Coimbra: Almedina, 2015

LEITE, André Lamas. Alterações de 2013 aos Código Penal e de Processo Penal, Coimbra: Coimbra Editora, 2014

SANTOS, Gil Moreira dos. Princípios e prática processual penal, Coimbra: Coimbra Editora, 2014

SILVA, Germano Marques da. Curso de Processo Penal I -Noções gerais, elementos do processo penal, Lisboa: Verbo, 2010

Direcção-Geral da Administração da Justiça - http://www.dgaj.mj.pt/DGAJ/sections/home
Ministério da Justiça - Instituto das Tecnologias de Informação na Justiça - Bases Jurídico-Documentais -
http://www.dgsi.pt/
Diário da República Electrónico - www.dre.pt/

Weekly Planning

1. THEORETICAL CLASSES

Prof. Ana Paula Guimarães

1st Week
Presentation of the course, teaching methods, objectives to be achieved, bibliography and other information and recommendations on the operation of the course.
Getting Acquainted with the Criminal Procedural Law.

Week 2nd
I - The criminal procedural law and criminal procedure. Its delimitation. Concept of criminal procedural law; criminal law, criminal procedure and criminal procedural law. Criminal proceedings. Object of criminal proceedings. Purposes of criminal proceedings.

3rd Week
I - structuring Fundamental principles of criminal procedure (principles inherent in the process structure, relating to procedural promotion, procedural pursuit, proof and shape).
Critical commentary and demonstration in the rulings of the CPP and regulatory framework of the Constitution (art. 32).

4th Week
Further analysis of the structural fundamental principles of criminal procedure.
Critical commentary and demonstration in the rulings of the CPP and in art. 32 of CRP.

5th Week
II - Sources. Interpretation, integration and scope of the criminal procedure law in time and space.

6th Week
III - Elements of criminal proceedings. The subjects of the process. Procedural and procedural participating subjects.
The question of material equality of "weapons".
The judge and the Court. Jurisdiction and competence.

7th Week
III - Process Subjects.
Prosecutors. The criminal police. Relationship between public prosecutors and the criminal police.
The accused and his counsel.
Concept and organization of the defendant. Rights and duties of the accused. The suspect has not yet made accused. The defender and the defense function material.

8th Week
III - Process Subjects. The offended, the assistant and civil parties. Assistant constitution. Duties of the assistant. Civil party concept, standing to the civil claim and judicial representation of the civil parties.

9th Week
IV - Theory of procedural acts. Notion. Requirements. Nature of the acts. Deadlines. The nullity.

10th Week
V - Evidence. Means of obtaining proof and evidence. Its importance, limits, principles and prohibitions evidence by comparison with the regime of procedural irregularities.

11th Week
VI - procedural stages. IN inquiry. Concept. Scope. Goal. Competence.

12th Week
VI - procedural stages. Education. Concept. Scope. Goal. Instruction object.

13th Week
VI - procedural stages. The trial. Object of the proceedings at the trial stage. Changing the acts described in the indictment or in pronunciation.

14th Week
VI - procedural stages. Feature. Resource structure. Concept of ordinary and extraordinary recourse.

15th Week
Answering questions of students and preparation for evaluation.


2. PRACTICAL

Prof. Carlos Alberto Baptista Medeiros

1st Week

Introduction to Criminal proceedings - constitutional aspects and guarantees of the process - critical commentary.


Week 2

The news of the crime - complaints and grievances.
Crimes public, semi-public and private. Normative analysis of relating with critical commentary.


3rd Week

The prosecutors and criminal police -Discussion criticism, case analysis and case studies.


4th Week

The defendant, the assistant and civil parties - critical discussion, case analysis and case studies.

5th Week

The survey - stages of the investigation, intervention of the investigating judge and the Criminal Police Bodies. Investigation be terminated. The positions of defendants and assistants - critical discussion, case analysis and case studies.

6th Week

The coercive measures: principles and purposes.
The economic precautionary measures - critical discussion, case analysis and case studies.

7th Week

Closing Survey - The prosecution: Filing and Prosecution. The principle of Opportunity -
Alternative orders the filing and prosecution.
The specific case of particular crimes - Complaint by the wizard - critical discussion, case analysis and case studies.


8th Week

The instruction as an optional phase. Its opening and closing the course. Pronunciation or not pronunciation and alternative orders - critical discussion, case analysis and case studies.


9th Week

The phase of the trial: preliminary acts and the audience. The process of the object at the trial stage. The jurisdiction of the courts.
Relevance of confession - critical discussion, case analysis and case studies.

10th Week

The sentence - the facts and the determination of the penalty measure - critical discussion, case analysis and case studies.

11th Week

Continued: The sentence - the facts and the determination of the penalty measure - critical discussion, case analysis and case studies.


12th Week

Resources: types and processing. Approach decision-resource practice which does not constitute or constitutes final decision - critical discussion, case analysis and case studies.


13th Week

Case studies on procedural stages.

14th Week

Case studies on ordinary resources and extraordinary features.


15th Week

Preparation for the final assessment - critical commentary on the subjects taught and case studies.

Demonstration of the syllabus coherence with the curricular unit's objectives

For the definition of criminal procedural law and its boundaries will be taught Section I of program content; to understand the sources and interpretation of structural fundamental principles of criminal procedure will be taught point II; for the interpretation and integration of criminal procedural law and understanding of the scope of validity and application of the law in time and space will be taught point II; to define the process control system and knowledge of the various procedural subjects and their role in the proceedings will be taught Point III; to recognition of the theory of procedural acts, the point IV; to explain the importance of the event, its principles, limits and prohibitions by comparison with the regime of procedural irregularities, the V point; to explain the application of enforcement measures and the various procedural stages and their purpose will be taught point VI of program content.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

I The criminal procedural law and criminal procedure. Delimitation and structuring key principles: expository and critical commentary method. II - The criminal procedural law. Sources, interpretation, integration and scope of the criminal procedure law in time and space: expository method, case analysis and discussion crítica.III - Elements of criminal proceedings. Subjects of the process: the judge of the court, the MP, the OPC's, the defendant and his counsel, of the attending, the victim, the civil parties: expository method, critical discussion, case analysis and case studies. IV - Understanding the theory of procedural acts: exposition and commentary and critical discussion method. V - Proof. Its importance, principles and proof of prohibitions by comparison with the regime of procedural irregularities: expository method, critical discussion, case analysis and case studies. VI - The application of enforcement measures. The various procedural stages: investigation, education, trial, appeal and their purpose: expository method, critical discussion, case analysis and case studies.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Adapting to new situationsYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem-solvingYesYes
Research skillsYesYes
Understanding multiculturalism and valuing diversityYes 
Written and verbal communications skillsYesYes
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