Curricular Unit:Code:
Criminal Law and Procedure I780DPP1
Year:Level:Course:Credits:
2UndergraduateCriminology6 ects
Learning Period:Language of Instruction:Total Hours:
Winter SemesterPortuguese/English78
Learning Outcomes of the Curricular Unit:
Acquiring a global vision of the purpose of criminal proceedings, distinguishing their different stages, the various procedural subjects and the different functions of each.
Application of knowledge and comprehension skills acquired throughout the course, in order to use the technical language required in the area of law that is essential in the exercise of the functions of a criminologist.
Ability to apply the knowledge acquired in order to show a professional approach to the work that they may develop in their area.
Syllabus:
I – Introduction to Criminal Procedural Law
1. Function and purposes
2. Application in time and space
II - Procedural subjects
1. Public Ministry
2. Offended and assistant
3. Civil parts
4. Defendant and Defender
III - Court
1. Judge
2. Criminal jurisdiction
3. Extension of material competence
4. Territorial competence
5. Competence by connection
6. Conflicts of jurisdiction
7. Incompetence
IV - Procedural acts
1. Classification
2. Publicity
3. Form of acts
4. Place and time of the practice
5. Communication
6. Legality of acts
V - The criminal evidence
1. Burden of proof
2. Immediacy of proof
3. Means of proof
4. Means of obtaining evidence
VI - Precautionary measures: coercion and equity guarantee
1. The measures of coercion
2. Equity guarantee measures
VII - The common process
1. Survey
2. Instruction
3. Judgment
Demonstration of the Syllabus Coherence with the Curricular Unit's Objectives:
Syllabus contents focus on specific theoretical issues in the area of Criminal Procedural Law in forensic context, thus enabling the fulfillment of the course objectives, specifically: to integrate knowledge, skills and abilities so as to have a technical; to demonstrate knowledge and skills in performing tasks on daily basis;
To demonstrate oral and written communication skills of expert assessment contents; to show autonomy and responsible conduct on duty.
Teaching Methodologies (Including Evaluation):
Teaching methodology will include theoretical lecturing and legislation, as well as thematic debating and critical reflection. Assessment will be continuous and based on two written tests (40% + 40%), as well as the execution of one project work (20%).
Demonstration of the Coherence between the Teaching Methodologies and the Learning Outcomes:
Theoretical exposition of contents; Practical exercises with the aim of demonstrating knowledge and skills in performing tasks related with Criminal Law and Procedure; Master main legislation on this area. To demonstrate oral and written communication skills of expert assessment contents; to show autonomy and responsible conduct in practice.
Reading:
- Códigos de Direito Penal e de Processo Penal (2020) Almedina Editora
- Santos, M.S. (2020) Noções de Processo Penal, Lisboa, Rei dos Livros
- Carvalho, P. M. (2013) Manual Prático de Processo Penal, Coimbra, Almedina Editora
- Silva, G. M. (2008) Curso de Processo Penal. Vol. I, Lisboa, Verbo Editora
- Silva, G. M. (2008) Curso de Processo Penal. Vol. II, Lisboa, Verbo Editora
- Silva, G. M. (2008) Curso de Processo Penal. Vol. III, Lisboa, Verbo Editora
Lecturer (* Responsible):
Joaquim Ramalho (ramalho@ufp.edu.pt)