Learning outcomes of the curricular unit
General:
With this seminar we offer students the opportunity to deepen the knowledge previously acquired through the development of a practical and jurisprudential perspective on the evidence in criminal proceedings. It is intended primarily to introduce students to the major practical problems in the day- to-day routine of the judiciary (judges, prosecutors, defenders, lawyers and police departments) with regard to admissibility, production and assessment of criminal evidence.
Specific:
1. Identify the object of criminal evidence and distinguish the burden of proof from the prosecution and defense;
2. Differentiate between evidence and means of obtaining evidence;
3. Autonomize the admissible evidence and describe the problems of each one;
4. Understand the moments of taking evidence and its usability throughout the process;
5. Describe the dynamics of evaluating the evidence and reasoning of court decisions, identifying its practices and exceptions.
Syllabus
1. Introduction
1.1.1. Evidence, indicia and informational elements
1.1.2. Object of evidence
1.1.3. Evidence and means of obtaining evidence
2. Admissibility
2.1.1. Admissibility
2.1.2. Transmissibility
2.1.3. Communicability
3. Evidence
3.1. Personal
3.1.1. Practical distinctions: testimonials, memorials, exhibits, applications
3.1.2. Examination of witnesses
3.1.3. Interrogation of the defendant
3.1.4. Declarations of the private and civil parties
3.1.5. Declarations of technical experts and consultants
3.1.6. Confrontation
3.2. Recognition
3.2.1. People
3.2.2. Objects
3.3. Fact reconstitution
3.4. Expert evidence
3.4.1. In particular: the medicolegal and forensic analysis
3.5. Documentary evidence
4.Valuation
4.1. Usability of proof
4.2. Free assessment of evidence
4.2.1. Special cases
4.3. Evidence and justification of judicial decisions