Criminal Procedure Practicum

5 ECTS / Semester-long / Portuguese

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

Faculty

Invited Lecturer
Licenciatura em Direito pela Universidade Católica - Porto (1992). Advogada (desde 1995). Membro do Conselho Distrital do Porto da Ordem dos Advogados (2004…
Invited Lecturer
Licenciatura em Direito pela Faculdade de Direito da Universidade de Lisboa. Advogado
Brevemente Disponível.