The subject of Procedural Law III is among the mandatory subjects of the Degree in Law. It is taught in the third year and is the third subject on procedural science that the student must take to graduate in Law. This subject is intended to give a complete vision of the criminal process and is an indispensable instrument for the realization of Criminal Law. It is a matter of essential knowledge for those who dedicate themselves professionally to Criminal Law.

GENERIC COMPETENCES OF MODULE II:



1. Adequately integrate the general and special theory of penal law to positively solve legal problems that may arise on a daily basis.



2. Examine and understand international institutions, use their legal sources and identify constitutional rights and freedoms, including peace, and their guaranteeing bodies, in order to be able to ponder and solve legal problems in these fields.



3. To understand the purpose of public finance and budgetary law, in order to solve legal problems arising in this area.



4. To know and understand the regulations corresponding to each field of public administration in order to solve the problems that may arise.



5. To know and to understand the judicial organization, the process and its guiding principles.



6. To know how to apply the regulations corresponding to each legal sector.



7. Adaptation to new situations and choice of the best solution applicable to the case, with a creative spirit.



8. Knowledge of basic information technology, handling of the main informative tools and optimal use of ICTs.



9. Capacity for critical analysis, interrelation and integration of legal concepts.



10. Respect for fundamental rights, respect for equality between men and women, tolerance towards the different and promotion of the culture of peace.



11. Oral and written communication in native language.



12. Capacity for analysis, synthesis and exposition.



13. To manage one's own learning process towards an integral and respectful formation with democratic values and with a view to successfully face further studies of specialization or recycling.



SPECIFIC COMPETENCES OF THE SUBJECT:



1. Capacity for analysis and synthesis.



2. Critical reasoning.



3. Knowledge of the institutions that make up the Spanish penal process.



LEARNING OBJECTIVES:



1. To know the institutions that make up the Spanish penal procedure.



2. To apply the civil procedural instruments that allow a good practice of the discipline.

Lesson 1 [History and constitutional principles].



I. Monopolies in the application of Criminal Law. II. The jurisdictional guarantee. III. The accommodation of the process to the material law applied. IV. The criminal process as a guarantee of the right to freedom.





Lesson 2 [Types of proceedings and criminal competence/jurisdiction].



I. Introduction. II. Types of proceedings: A) Ordinary proceedings; B) Proceedings with procedural specialties; C) Special proceedings; D) The proceeding by acceptance of decree; E) The cumulative civil proceeding and the autonomous forfeiture proceeding III. Criteria for the attribution of criminal jurisdiction. IV. Territorial jurisdiction and its procedural treatment. V. The alteration of jurisdiction by connection.





Lesson 3 [The Parties: The Prosecuting Parties, the Defendant and the Civil Parties].



I. Concept of party. II. The accusing parties. III. The accused party (passive). IV. The absence of the investigated-accused party. V. The parties in the cumulative civil proceeding.





Lesson 4 [Object].



I. The object of the criminal proceeding. II. The identifying elements of the object of the process. III. The connection of objects. IV. The object of the joined civil proceeding.





Lesson 5 [Instruction].



I. Preliminary proceedings. II. Acts of initiation. III. The parties in the preliminary proceedings. IV. The actions of the Judicial Police in this phase. V. The indictment. VI. Termination of the preliminary procedure.





Lesson 6 [The acts of investigation].



I. The acts of investigation. II. Documents - III. Witness statements. IV. Careos. V. Expert reports. VI. Judicial recognition. VII. Specific investigation techniques against organized crime.





Lesson 7 [Secured acts of investigation].



I. Statements of the investigated/defendant. II. Entry and search in a closed place. III. Search of books and papers. IV. Detention of postal and telegraphic correspondence. V. Diligence of filming in public places. VI. Direct bodily interventions. VII. Intervention of telephone and telematic communications. VIII. Capture and recording of oral communications through the use of electronic devices. IX. Use of technical devices for image capture, tracking and tracing. X. Recording of massive information storage devices. XI. Remote recording of computer equipment. XII. DNA analysis for registration in a police database.









Lesson 8 [Precautionary measures].



I. Precautionary measures. II. Detention. III. Provisional detention. IV. Provisional release. V. Procedure for the adoption of provisional liberty and provisional imprisonment. VI. Protection and security measures for victims of gender violence. VII. Precautionary patrimonial measures.





Lesson 9 [The oral trial (I)].



I. The oral trial: Structure and principles. II. The alternative on the prosecution. III. Dismissal. IV. Procedural requirements.





Lesson 10 [The oral trial (II)].



I. The accusation. II. The defense. III. The final reports. IV. The conformity of the accused. V. The thesis of disassociation of the jurisdictional body.





Lesson 11 [Evidence].



I. Evidence: Concept and object. II. Elements of criminal evidence: A) Presumption of innocence; B) Burden of proof; C) Free evaluation of evidence. III. Evidentiary procedure. IV. Evidence obtained in violation of fundamental rights. VI. The means of evidence in particular: A) The statement of the accused; B) Witness evidence; C) Expert evidence; D) Other evidence and methods to form judicial conviction.





Lesson 12 [The oral hearing].



I. The oral hearing. Delimitation. II. Appointment and summons to the oral hearing. III. Publicity of the sessions and exceptions. IV. Concentration of the sessions and exception (suspension of the hearing). V. Development of the act of the oral hearing. VI. Documentation and record of the oral hearing.





Lesson 13 [Termination of the process and its effects].



I. Termination of the criminal proceeding. II. The sentence. III. Preliminary questions. IV. The effects of the process. V. Res judicata.VI. Challenging res judicata. VII. Costs.





Lesson 14 [Means of challenge: ordinary and extraordinary appeals].



I. Means of challenge. II. Non-returnable appeals. III. Ordinary devolutive appeals. IV. Extraordinary appeals: the appeal in cassation.





Lesson 15 [Enforcement in criminal proceedings].



I. Concept, legal nature and regulatory normative group. II. The jurisdictional organ. III. The enforceable title. IV. Incidents of the execution. V. Termination of the execution. VI. The execution of custodial sentences. VII. The execution of other penalties. VIII. Execution of the civil content of the sentence.

The methodology proposed in the course Procedural Law III combines the theoretical classes with the realization of practical cases according to the requirements of the Bologna Plan.

According to a schedule set out in the classroom, in all the teaching units, the following scheme will be followed:

1).- Analysis of the didactic unit by the student.

2).- Exhibition of the didactic unit by the teacher and clarification of doubts by the students.

3).- The realization of practices that guarantee the total understanding and assimilation of the subject by the student.

• Continuous Assessment System
• Final Assessment System
• Tools and qualification percentages:
  • Oral defense (%): 70
  • Realization of Practical Work (exercises, cases or problems) (%): 30

The student, by signing the contract-program of the subject Procedural Law I, may choose between two systems of evaluation: a) continuous and b) final.



The evaluation system chosen links (obliges) the student to the whole course (ordinary and extraordinary call), notwithstanding that, according to the regulations of the UPV / EHU, the student is allowed to opt out of the continuous evaluation.



It will be understood that those students who do not subscribe to the contract-program opt for the final evaluation system.

The chosen evaluation system links (obliges) the student to the whole course (ordinary and extraordinary call), notwithstanding that, according to the regulations of the UPV / EHU, the possibility of renouncing continuous assessment is recognized.

For the study of Procedural Law III, are propoused the last legal editions of the following legislations:

1. Judicial Organization or “Judicial Power`s Organic Law” (LOPJ 1985).
2. Law of Criminal Procedure (LECrim).
3. Organic Law of the Jury Court (LOTJ).
4. Other particular procedural legislation, which will be indicated in class in a timely manner, such as The Civil Procedural Law and The Criminal Procedural law.

Basic bibliography

Recommended manuals:



GÓMEZ COLOMER, JUAN-LUIS (coord.); BARONA VILAR, SILVIA (coord.), Proceso Penal. Derecho Procesal III, Tirant lo Blanch, Valencia (last edicion).



At the end of each of the lessons of this manual there is a bibliographic note, where the books, monographs and fundamental articles on each of the subjects treated respectively are cited.



ARMENTA DEU, MARÍA TERESA, Lecciones de derecho procesal penal, Marcial Pons, Madrid (last edicion)

ASENCIO MELLADO, JOSÉ MARÍA, erecho Procesal Penal, Ed. Tirant lo Blanch, Valencia (last edicion)

GIMENO SENDRA, VICENTE, Manual de Derecho Procesal Penal, Castillo de Luna, Madrid (last edicion)

GIMENO SENDRA, VICENTE, Tratado de Derecho Procesal Penal, Civitas, Madrid (last edicion)

MORENO CATENA, VÍCTOR; CORTÉS DOMÍNGUEZ, VALENTÍN, Derecho Procesal Penal, Tirant lo Blanch, Valencia (last edicion)

In-depth bibliography

Bibliography cited in the previous section, as well as that which, in due course, is mentioned in class.

Journals

Papers and magazines that contain interesting information for the study of the subject will be indicated at class

Among others:

Revista General de Derecho Procesal
Justicia. Revista de Derecho Procesal
Iuris: actualidad y práctica del Derecho
Actualidad penal
La Ley Penal
Diario La Ley

Web addresses

www.fiscal.es
www.justizia.net
www.poderjudicial.es
www.tribunalconstitucional.es