Checking date: 10/07/2020

Course: 2020/2021

Fundamental rights and criminal law
Study: Master in Criminal and Criminal Procedural Law (275)

Coordinating teacher: GARROCHO SALCEDO, ANA MARIA

Department assigned to the subject: Department of Criminal Law, Procedural Law and History Law

Type: Compulsory
ECTS Credits: 3.0 ECTS


Students are expected to have completed
Bachelor Degree in Law - Criminal law: general and special part
Competences and skills that will be acquired and learning results.
Grasping the characteristics and creative capacity of the Constitutional Court. Knowing the hermeneutics of constitutional norms Knowing the characteristics of a criminal law oriented Constitution. Learn to build a system that starts directly from the basic text and the declaration of fundamental rights. Controlling the principles that emerge for the formation of the penal system from the Constitution. You can expose the complex picture that is derived from a construction of key constitutional criminal justice system. Can he identify the constitutional principles that are the basis of the criminal justice system. Can he characterize penal institutions in its constitutional reading.
Description of contents: programme
Construction of criminal law in constitutional jurisprudence. Criminal law has lived traditionally behind his constitutional reading, to the extent that the rules with criminal constitutional contents have been ¿leyendo¿ according to what was available criminal laws and not vice versa. This subject is taught to build the penal system from which should form their own bases: the constitutional order. They will be analyzed among other issues Hermeneutics of constitutional norms; the concept and functions constitutional legal right key; Principle of legality (Reserve Organic Law, Analogy, Blank criminal law: the problem of regional regulations supplement); the basic principles that should inspire inspire or criminal law (ultima ratio, harmfulness, guilt, subjective responsibility, humanity, proportionality, effectiveness, non bis in idem, equality). some key issues such as the changing boundaries will also be discussed between the honor, freedom of expression and freedom of information. As the constitutional orientation purposes of punishment.
Learning activities and methodology
Exposition of theoretical material, seminars with invited speakers/experts, practical cases analysis.
Assessment System
  • % end-of-term-examination 100
  • % of continuous assessment (assigments, laboratory, practicals...) 0
Basic Bibliography
  • Gallardo Castillo, M.J. Los principios de la potestad sancionadora: teoría y práctica. IUstel. 2008
  • VVAA. Constitución y Principios del Derecho penal: Algunas bases constitucionales. . 2010. Tirant Lo blanch
  • VVAA. Límites al Derecho penal. Principios operativos en la fundamentación del castigo. Atelier. 2012

The course syllabus and the academic weekly planning may change due academic events or other reasons.