Logo

Procedural Criminal Law

Code: 100457
Credits: 6
2026/2027
Degree programme Type Course
Criminology OB 3

Contact lecturer

Name :
Arantza Libano Beristain
Email :
arantza.libano@uab.cat

Teaching staff

Jose Luis Rodriguez Torres

Group languages

You can consult this information at the end of the document.

Prerequisites

Language of seminars:

-Seminar 11: Spanish

-Seminar 12: Spanish

The subject will be taught taking into account the perspective of the Sustainable Development Goals.

 

Objectives

The main goal of this course is that the student could be able to explain to anyone the basic structure of our Criminal process system. Especially it is intended that the student could be able to provide information to a defendant about the structure of the Criminal process, the different kinds of Courts, the parties that can be involved and about the legal appeals against the judgment.

Furthermore, other aims are the following ones: a) Ensure that the student can draw up a Criminological report required by the Judge during the pre-trial stage of the Criminal process and/or advise the Judge regarding the adoption of a precautionary measure against the accused; b) Ensure that the student can cooperate with the different institutions in charge of the investigation, particularly with the police.

Learning outcomes

  1. Working autonomously.
  2. Ability to analyse and summarise.
  3. Drawing up an academic text.
  4. Verbally transmitting ideas to an audience.
  5. Respectfully interacting with other people.
  6. Effectively communicating by using specific law terms.
  7. Applying the constitutional law in the criminological field.
  8. Using the legislation and its means of implementation to the criminal act.
  9. Applying effectiveness criteria when using law in the field of criminology.
  10. Arguing with accuracy legal concepts at a forum.
  11. Arguing criminality arguments in a verbal and polite way and without bias.

Contents

I. Constitution and criminal procedure. Principles of criminal procedure


1. The constitutionalisation of procedural rights


2. The consequences of the constitutionalisation of procedural rights 


3. Types of procedural rights


4. The principles of the criminal process


II. Systems of criminal prosecution


1. The accusatory system


2. The inquisitive system


3. The mixed system


4. The different functions of the criminal process


III. Ordinary criminal proceedings


1. The process for minor offences


2. The abbreviated process


3. The process for serious offences


4. The process for the trial by Jury


5. Summary judgements


6. The procedure for juvenile offenders


IV. The Spanish judicial organisation


1. Criminal jurisdiction. Limits


2.  Criminal competence


2.1. The objective competence


2.2. The functional competence


2.3. The territorial competence


2.4. Connection between crimes


V. The activity of the parties in the criminal process


1. The criminal action


2. The civil action derived from the crime


VI. The parties in the criminal process


1. The concept of party in the criminal process


2. The prosecuting parties


3. The accused parties


4. The legal representation in the Criminal process


VII. Prevention measures in the Criminal process


1. Notion and function of the prevention measures


2. Elements to apply prevention measures


3. Different preventive measures


4. The procedure for adopting prevention measures


VIII. The initiation of the criminal process


1. The criminal report


2. The criminal complaint


3. The initiation by the judge


IX. The investigation (Pre-trial stage)


1. Investigation measures


2. The end of the investigation


3. The dismissal


X. The trial stage


1. The accusation pleading (or provisional qualification)


2. Preliminary questions


3. The evidence


4. Suspension and interruption of the trial


XI. Expert evidence


1. Characteristics of the expert


2. Expert opinion


3. Role of the expert in the process


XII. The end of the trial and appeals


1. The criminal judgement


2. The prejudicial questions


3. Effects of the judgment: res judicata


4. Challenging res judicata


5. The appeals: types and effects

Learning activities and methodology

Title Hours ECTS Learning outcomes
Evaluation 5 0.2 2, 3, 6, 7, 10
Study of the subject 106 4.24 2, 5, 6, 8, 10, 11
Practicum 15 0.6 2, 3, 4, 5, 6, 8, 10, 11
Discussion and resolution of practical cases 2 0.08 2, 4, 5, 6, 10, 11
Resolution of doubts, discussions and conferences 2.5 0.1 5, 6, 7, 9, 10, 11
Theory class 19.5 0.78 5, 6, 7, 8, 9

Teaching will combine lectures and seminars. The first part of the class will be based on the lecturer’s explanation. The second part of the class will be dedicated to the preparation, correction and commentary of works and papers presented by the students, as well as to doubts and questions about topics raised by students. 

Annotation: within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.

Assessment

Continuous assessment activities

Title Weight Hours ECTS Learning outcomes
Exam 50% 0 0 1, 2, 3, 6, 7, 8, 9
Team work 10% 0 0 5, 6, 7, 8, 9, 10, 11
Individual tasks 40% 0 0 1, 2, 3, 4, 6, 7, 9, 10, 11

IMPORTANT: If a student copies, plagiarises or is caught with a prohibited device during an assessment activity, this assessment activity will receive a grade of 0, and the Dean's Office will be notified by submitting a report detailing the circumstances and evidence of the incident. This report will be used to request the initiation of possible disciplinary proceedings against the student. This assessment activity will not be eligible for retake. If further irregularities occur during assessment activities for the same course, the final grade for this subject will be 0.

Continuous assessment system:

Continuous assessment requieres attendance at theory- and seminar-classes. Students who do not attend a minimum of 80% of the classes will not pass the subject. The 20% of theory- and seminar-sessions that students may not attend include ordinary situations that can cause them to be absent from class. Except for reasonable justification, it is not allowed to enter the class once it has started or to leave before its completion.

The final grade for the subject will be obtained from the result of the different individual papers (40%), group-works (10%) and the theoretical and/or practical multiple choice exam (50%). Each item and sub-item that make up the assessment must be passed. Throughout the semester the possibility of reassessing papers and works will be offered. On the published re-evaluation date, those students who have failed the test may be re-examined.

After carrying out and qualifying each assessable activity, teaching staff will set a date so that the students can review it.

Students will be assessable as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 of the total grade for the subject. If the value of the activities carried out does not reach this threshold, teaching staff could not assess the student.

During seminar-classes the use of Artificial Intelligence (AI) technologies in team work is permitted exclusively for support tasks (such as information research, language tools or translations). The student must clearly identify the parts that have been generated with such technology, specify the tools used and include a critical thinking about how such tools have influenced the process and the final outcome of the activity. Non-transparency in the use of AI in the assessable activities of the subject will be considered a lack of academic honesty and may lead to a partial or total penalty in the grade of the activity, or to more serious penalties in certain cases.

Single assessment system:

Students will be assessed on the basis of a unique evaluation. This evaluation will include three types of activities:

.Theoretical and/or practical exam (50%): The format will be multiple choice. Duration: 60 minutes

.Oral presentation (25%): Two sections or subsections of the programme wil be offered and the student must select one to present it orally.The student will be given a maximum of 10 minutes to prepare the presentation; next, the student will make the oral defense (5 minutes), and, finally, the student will answer the questions arisen by teaching staff.

.Case paper (25%): The question(s) formulated in the case paper will have to be answered. Duration: 60 minutes

To pass the course, the student needs a minimum score of 2,5 points in the exam, 1,25 points in the oral presentation and 1,25 points in the case paper. Only failed activity will be subject to re-evaluation.

Bibliography

Compulsory bibliography:

Cachón-Cadenas, Manuel (2025). Introducción al Enjuiciamiento civil. Atelier (pp. 51-53 y 56-60).

Navarro-Villanueva, Carmen (2025). Jurisdicción, competencia y partes. In M. Cugat-Mauri, J. Baucells-Lladós and M. Aguilar-Romo (Coords.). Manual de litigación penal (pp. 187-198). Tirant lo Blanch. [Electronic document]

Nieva-Fenoll, Jordi and Bujosa-Vadell, Lorenzo (Dirs) (2017). Nociones preliminares de derecho procesal penal para criminólogos. Atelier (pp. 15-180).

Suggested bibliography:

Ramos-Méndez, Francisco (2022). Enjuiciamiento Criminal. Atelier.

Nieva-Fenoll, Jordi (2025). Derecho procesal III: Proceso penal.Tirant lo Blanch. [Electronic document]

Gimeno-Sendra, Vicente (2018). Manual de derecho procesal penal. Castillo de Luna.

Gimeno-Sendra, Vicente and Díaz-Martínez, Manuel (2019). Derecho procesal penal (para policías y criminólogos). Edisofer.

Gómez-Colomer, Juan L., Barona-Vilar, Silvia, Esparza-Leibar, Iñaki i Etxeberria-Guridi, José F., Martínez-García, Elena and Planchadell-Gargallo, Andrea (2025). Proceso penal. Derecho Procesal III. Tirant lo Blanch. [Electronic document]

Moreno-Catena, Víctor and Cortés-Domínguez, Valentín (2025). Derecho Procesal Penal. Tirant lo Blanch. [Electronic document]

Armenta-Deu, Teresa (2025). Lecciones de Derecho Procesal Penal. Marcial Pons.

Montero-Aroca, Juan, Gómez-Colomer, Juan L., Barona-Vilar, Silvia, Esparza-Leibar, Iñaki and Etxeberria-Guridi, José F. (2019). Derecho Jurisdiccional III. El proceso penal. Tirant lo Blanch. [Electronic document]

Asencio-Mellado, José María (Dir.) (2025). Derecho Procesal Penal. Tirant lo Blanch. [Electronic document]

Software

The subject does not requiere any specific software.

Course groups and languages

The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE

Type of teaching Group Language Semester Shift
(TE) Theory 1 Spanish first semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 11 Spanish first semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 12 Spanish first semester morning-mixed