Learning outcomes of the curricular unit

The Course intends to provide students with the knowledge of the principles and basic characteristics of Portuguese criminal procedure (CP). It is a introductory course, which is aimed at understanding the constitutional fundaments of criminal procedure and the basic concepts of both the "static of the procedure" (agents/subjcets of the process, acts, evidence and provisional measures) and the "dynamic of the procedure", i e, the various stages of the process (inquiry, pre-trial, trial and appeal stages). It is expected that later the student is entitled to deepen and apply the knowledge acquired.

Syllabus

I - Introduction:
a) CP Law and its characterization.
b) The law of criminal procedure and the sources of criminal procedure: the Constitution and other sources.
c) Interpretation and integration of procedural law, application in time and in space.

II-The Agents in the process: Court and Judge, Prosecutor, Defendant and counsel; private accusator.

III-provisional measures -Arrest: its regulation.

IV-Proof and measures to obtain evidence (evidence and legitimate ways of obtaining evidence).

V-Proceedings:
a) the investigation stage: the principles of public prosecution (principle of state enforcement, principle of legality and accusationdefinition of later stage); meaning and purpose of the investigation
b) the pre-trial stage: ownership and purpose of this stage; limits and internal division; final decision.
c) the trial stage: the principles of judicial power exercising; trial hearing: the principles of hearing and evidence, the powers of the court, the final decision;
d) Appeals.