Criminal Law II and Criminal Procedural

Code:

D408

Acronym:

DPPP

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2006/2007 - 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	116	Official Study Plan - LD	4	-	13	-

Objectives

The course in Criminal Law II and Criminal Procedural Law includes theorical and practical classes. In keeping with the programme described below, the theorical 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 theoretical classes, the practical ones 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 a complete and harmonious training to help them in their future legal careers.

Program

PART I
CRIMINAL LAW II — THE LEGAL CONSEQUENCES OF CRIME

TITLE I
INTRODUCTION
1. Meaning of criminal sanctions and how they work. Brief historical background. The major current doctrines.
2. Penalties 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 II - PENALTIES
CHAPTER I - DOGMATIC CATEGORISATION
CHAPTER II - MAIN PENALTIES
CHAPTER III – ACCESSORY PENALTIES, THE EFFECTS OF THE PENALTIES AND THE CRIMES' EFFECTS
CHAPTER IV – DETERMINING THE MEASURE OF THE PRISON PENALTY
CHAPTER V – SPECIAL CASES IN DETERMINING PENALTIES
CHAPTER VI – CHOICE OF PENALTY — THE PROBLEM OF ALTERNATIVE PENALTIES

TITLE III - SECURITY MEASURES
CHAPTER I – GENERAL CHARACTERISATION OF THE PORTUGUESE SYSTEM
CHAPTER II - BRIEF REFERENCE TO THE SECURITY MEASURES REFERRED TO IN THE PORTUGUESE PENAL CODE

TITLE IV - INSTITUTES OF A SPECIAL NATURE
CHAPTER I - PAROLE
CHAPTER II – RELATIVELY INDETERMINED PENALTY

TITLE V - ENTITLEMENT TO CLEMENCY, REHABILITATION AND CRIMINAL RECORD

TITLE VI -COMPLAINT, SPECIFIC CHARGES AND PRESCRIPTION

PART II - CRIMINAL PROCEDURAL LAW

CHAPTER I – THE MEANING OF THE CRIMINAL PROCEDURAL LAW AND HOW IT OPERATES

CHAPTER II - THE CRIMINAL PROCEDURAL LAW WITHIN THE LEGAL SYSTEM

CHAPTER III – LEGAL AND CONSTITUTIONAL CONFORMATION OF CRIMINAL PROCEDURAL LAW AND ITS STRUCTURE

CHAPTER IV- THE CRIMINAL PROCEDURAL LAW AND ITS APPLICATION

CHAPTER V – GENERAL PRINCIPLES OF CRIMINAL PROCEDURAL LAW

CHAPTER VI - THE FUNDAMENTAL STRUCTURE OF THE PORTUGUESE CRIMINAL PROCEDURAL LAW

CHAPTER VII - PROCEDURAL ACTS

CHAPTER VIII - «COERCION MEASURES» AND POSTING BAIL

CHAPTER IX - PROCEDURAL ASSUMPTIONS

CHAPTER X - THE FORMS OF CRIMINAL PROCEDURE

CHAPTER XI - LEGAL REQUIREMENTS IN THE COMMON LAWSUIT
a) The «inquiry» stage
b) The «examination» / «confirmation» stage («instrução»)
c) The trial stage

CHAPTER XII - APPEALS

Main Bibliography

DIAS, Jorge de Figueiredo - Direito Penal Português, Lisbon: Aequitas, 1993.
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: Texts' Section of 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 (theoretical classes taught to 5th year students, 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 (invented and collected from real trialed cases).

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 cases:
a)Average between the two examinations (“frequências”);
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 the Faculty of Law of the Univeristy of Porto.

Classification improvement

It is obtained by doing a written or an oral examination.