Cursos / 1º Ciclo / Faculty of Law :: Criminology

Versao Portuguesa

DIREITO PROCESSUAL PENAL PROBATÓRIO - 2021/2022

2º curricular year
Semestralidade: 1st semester
ECTS: 6

Teachers

Leading Teacher: Mestre Manuel Augusto Meireis
Assistant Professor: Mestre Manuel Augusto Meireis

Class type and School hours

Teórica : 2 Horas
Prática : 1 Horas
Orientação Tutorial : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

Deepen the knowledge of Criminal Procedure, primarily in areas relating to fundamental rights. Development Prospects theoretical and practice in international issues related to proof.

Specific Aims/Objectives

Deepen students´ knowledge in terms of evidence in criminal proceedings. Always related to criminal investigation, which depends on them, with respect for fundamental rights of individuals

Skills to be acquired

It is intended that the student can distinguish different types of evidence and means of obtaining evidence in criminal proceedings against him. Who knows the limits of its use and rationale of it, who knows deep down what are the limits imposed to the discovery of material fact.
The student should be able to distinguish the different void present in the Portuguese criminal and procedural law which revelância and consequence based on the same evidence.

Teaching Procedures

Lectures and practical classes and tutorials. In the first presents the program of the course in theoretical terms but with the constant concern of his problematic in practical terms. In class presentation of papers tutorials.

Programme

1. Proof of concept.
1.1. The role of proof in criminal proceedings.
1.2. Proof, evidence and means of obtaining evidence.

2. Subject of proof.
2.1. The facts deemed to constitute proof.
2.2. Evidential activity of the prosecution and the defense.


3. Principles relating to the test.
3.1 Principle of the investigation or the material truth: your
meaning and limits.
3.2.The principle of free evaluation of evidence or proof system
free.
3.2.1. Principle of free proof vs. proof of principle
bound.
3.2.2. Some special cases:
a) Evidence of witnesses.
b) The statements of the accused.
c) The expert evidence.
d) Documentary proof.
e) The probative value of the police report.
3.3.The principle in dubio pro reo.
3.4.Os principles governing the presentation of evidence or principles
on the form.
3.4.1. The principle of publicity: enunciation,
justification and limits.
3.4.2. The principle of orality: meaning and limits.
3.4.3. The principle of immediacy.
3.4.4. The principle of concentration: the logical consequence
orality and immediacy.
4. Politico-criminal and regulatory support of proof.
4.1. The physical truth and judicial truth.
4.2. The judicial truth as truth procedurally possible.
5. Methods and means of obtaining evidence.
5.1. Testimonial evidence.
5.2. The proof for statements
5.3. The confrontation.
5.4. The evidence for recognition
5.5. Proof by reconstituting the fact
5.6. The expert evidence
5.7. The documentary evidence
5.8. examinations
5.9 Journals.
5.10Buscas. The house searches.
5.11. Recordings, interception of correspondence and telephone tapping, voice recording and image.
5.12. The bondsmen.
. 6 Valuation of evidence: the system of free proof.
7. Prohibitions proof.
7.1. Prohibitions of evidence: a problem of conformity
Constitution.
7.2. Rights, freedoms and guarantees.
7.2.1. Article 32., No. 8, CRP and Article 126. º CPP.
7.2.2. The sense of wrongful interference (Article 32., No. 8, CRP).
a) The legality.
b) the need.
c) proportionality.
d) the protection of the essential core of the right.
7.3. Some special cases of prohibition of evidence.
7.4. The rules of evidence prohibited: illegal means and zero evidence.
7.4.1. The ground provided for in Article 126. º CPP.
7.4.2. Remediable and irremediable nullity.
7.5. Consequences of Criminal Law.
7.6. Remaining utility of zero evidence only for the
to criminal accountability of judicial or
police officers
8. Resource
81.Conceito resource
8.2 The basic rule 
8.3 unit of Conduct regular resources
8.4 Scope of the action
8.5 The extraordinary features

Evaluation Type

Continuous assessment based on student attendance, the completion of two interim tests and the preparation of a written assignment with oral presentation and discussion in class.

Teaching Resources

Sustainability Objectives

Keywords

Proof, fundamental rights, investigation and material truth.

Main Bibliography

Author COSTA ANDRADE, Manuel
Title Sobre as Proibições de Prova em Processo Penal
Edition Reimpressão
Place Coimbra
Editor Almedina
Year 2013
Author BELEZA, Teresa e COSTA PINTO, Frederico
Title Prova Criminal e Direito de Defesa - Estudos Sobre
Edition
Place Lisboa
Editor Almedina
Year 2013
Author SANTOS CABRAL,José António Henriques dos , e out
Title Código de processo penal comentado
Editor Almedina
Year 2014

Complementary Bibliography

Author CONCEIÇÃO, Ana Raquel
Title Escutas telefónicas, regime processual penal
Author AGUILAR, Francisco
Title Dos Conhecimentos fortuitos obtidos através de esc