Criminal Law II and Criminal Procedural

Code:

D408

Acronym:

DPPP

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2004/2005 - A

Active?	Yes
Course/CS Responsible:	Law

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
D	137	Official Study Plan - LD	4	-	13	-

Objectives

The course in Criminal Law II and Criminal Procedural includes theorical and practical classes. In keeping with the programme described below, the theory classes are designed to provide students with the essential framework of the material, including the theoretical and dogmatic foundations of the various institutes, and to provide a detailed analysis of Portuguese law.
In addition to revision and clarification of material taught in the theory classes, the practical classes are designed to allow careful application of knowledge to solve specific cases. It is hoped that the combination of theoretical and practical classes will provide the students with complete and harmonious training to help them in their future legal careers.

Program

PART I
CRIMINAL LAW II — THE LEGAL CONSEQUENCES OF CRIME

INTRODUCTION
1. Meaning of criminal sanctions and how they work. Brief historical background. The major current doctrines.
2. Sentences and security measures. The monist and dualist systems of criminal reactions.
3. Fundamental principles of a criminal policy according to the rule of law model.

TITLE I - SENTENCES
CH. I. DOGMATIC CATEGORISATION
CH. II. MAIN SENTENCES
CH. III – ACCESSORY SENTENCES, THE EFFECTS OF THE SENTENCES AND THE EFFECTS OF THE CRIMES
CH. IV – DETERMINING THE LENGTH OF THE PRISON SENTENCE
CH. V – SPECIAL CASES IN DETERMINING SENTENCES
CH. VI – CHOICE OF SENTENCE — THE PROBLEM OF ALTERNATIVE SENTENCES

TITLE II - SAFETY MEASURES
CH. I – GENERAL CHARACTERISATION OF THE PORTUGUESE SYSTEM
CH. II - BRIEF REFERENCE TO THE SAFETY MEASURES REFERRED TO IN THE PENAL CODE.

TITLE III - INSTITUTES OF A SPECIAL NATURE
CH. I - PAROLE
CH. II – RELATIVELY INDETERMINATE SENTENCE

TITLE IV - ENTITLEMENT TO CLEMENCY, REHABILITATION AND CRIMINAL RECORD

TITLE V -COMPLAINT, SPECIFIC CHARGES AND PRESCRIPTION.

PART II - CRIMINAL PROCEDURAL LAW

CH. I – THE MEANING OF THE CRIMINAL PROCEDURAL LAW AND HOW IT OPERATES
CH. II - THE CRIMINAL PROCEDURAL LAW WITHIN THE LEGAL SYSTEM
CH. III – LEGAL AND CONSTITUTIONAL CONFORMATION OF CRIMINAL PROCEDURAL AND ITS STRUCTURE
Ch. IV- THE CRIMINAL PROCEDURAL LAW AND ITS APLICATTION
CH. V – GENERAL PRINCIPLES OF CRIMINAL PROCEDURAL
CH. VI THE FUNDAMENTAL STRUCTURE OF THE PORTUGUESE CRIMINAL PROCEDURE LAW
CH. VII PLEADINGS
CH. VIII USE OF FORCE AND POSTING BAIL
CH. IX PROCEDURAL ASSUMPTIONS
CH. X THE FORMS OF CRIMINAL PROCEDURE
CH. XI LEGAL REQUIREMENTS IN THE COMMON LAWSUIT

1. The inquiry stage


2. The examination stage


3. The trial stage

CH. XII APPEAL

Main Bibliography

DIAS, Jorge de Figueiredo – Direito processual penal (Lessons taught by Prof. Jorge de Figueiredo Dias, collected by Maria João Antunes – Assistant Lecturer at the Coimbra Faculty of Law), Coimbra: Section containing Texts from the Faculty of Law, University of Coimbra, 1988-9.
SILVA, Germano Marques da – Curso de processo penal, 3 volumes, Lisbon: Verbo, 1993/4
BELEZA, Teresa – Apontamentos de direito processual penal (theory lessons taught to 5th year students, day classes, 1991/1992, 1st semester), I and II, Lisbon: AAFDL, 1992.
AAVV, Jornadas de direito processual penal — o novo Código de Processo Penal, Coimbra: Almedina, 1988.
SIRACUSANO/GALATI/TRANCHINA/ZAPPALÀ – Diritto processuale penale, I and II, Milan: Giuffrè, 1996.
ROXIN, Claus – Strafverfahrensrecht. Eine Studienbuch, 23. Aufl.m München, C. H. Beck, 1993

Teaching methods and learning activities

Theoretical classes: Exposition of the contents of the discipline, use of case-studies
Practical classes: The students have to solve practical exercises

Evaluation Type

Distributed evaluation with final exam

Eligibility for exams

The marks the student must get have to be equal or higher than 10, in a scale of [0,20] in one of the following hypotheses:
a)Average between the two examinations (“frequencies”);
b)Oral examination (if the student obtained in a) a mark between 7 and 9);
c)Written final examination;
d)Oral final examination (if the student obtained in c) a mark between 7 and 9.

Calculation formula of final grade

Are the marks obtained in the examinations referred in “Frequency Attaining” a), b), c) or d).

Examinations or Special Assignments

None

Special assessment (TE, DA, ...)

General Law and rules enforced in FDUP.

Classification improvement

Is obtained by doing a written or an oral examination