Learning outcomes of the curricular unit
Strengthening acquired theoretical knowledge in the field of procedural criminal law and criminal law, by applying it to practical cases; Bringing students closer to legal practice and mainly to criminal proceedings, by observing and understanding how the theoretical concepts, already studied, are applied and brought into play in each proceeding; concrete perception vis-à-vis the configuration of a criminal proceeding; basic rules in preparing the different legal and persuasive briefs; dynamics and basic rules regarding the different procedural acts and the role of each of the several parties in proceedings.
Syllabus
I. Criminal Procedure: the different procedural stages.
II. The Inquiry stage: police report, charging as defendant and release on own recognizance. The arrest: objectives; arrest in “flagrante delicto”; the nature of crimes. First appearance, judicial and non-judicial questioning of a defendant in custody. Enforcement measures during and after the investigation; time limit; lawyer; court fees; private offenses. Final ruling following the investigation: sufficient and insufficient evidence; no charges filled and indictment; substantial and non-substantial changes to the facts; amending the legal qualification. The incidental claim for compensation.
III.Instruction stage: legitimacy and time limit; the request; probatory acts; the pre-trial instruction stage debate and the instruction stage ruling.
IV.The Trial: rebuttal and witness list; trail hearing and presenting evidence before the court. Sentencing. V.Regular appeals