The subject will begin with two introductory themes. The first theme will explain which powers are responsible for the prevention, investigation and punishment of crime in Spain, accompanied by a brief reference to private security. A second theme, which will explain the legal framework of reference (the constitutional framework, emphasising fundamental rights) for the actions of the actors responsible for the prevention, investigation and punishment of crime in Spain. This subject will also refer to the European Union law that has an impact on this matter.

The collection of themes will then be divided into three main blocks:

FIRST: FUNDAMENTAL RIGHTS AND CRIME PREVENTION.

Public safety is one of the essential elements of the rule of law. The Spanish Constitution of 1978 contains the concept of citizen security in Article 104.1 and the concept of public security in Article 149.1.29. Afterwards, doctrine and jurisprudence have interpreted both concepts as synonyms. Both refer to the activity aimed at protecting people and property and maintaining public tranquillity, and, on many occasions, this activity consists of preventive actions, not only with regard to the possible commission of administrative infractions, but also with regard to the commission of crimes.

Currently, the basic law on the matter is Organic Law 4/2015, of 30 March, on the protection of citizen security (which repealed the first regulation in Spain after the adoption of the Spanish Constitution; Organic Law 1/1992, of 21 February, on the Protection of Citizen Security).

The intention of this section is to analyse some of the limitations on fundamental rights contemplated by this law in the interests of achieving public safety and to analyse to what extent these limitations are or are not in accordance with the conditions of constitutionality in the limitation of fundamental rights which are analysed in the introductory section mentioned above.

In particular, special emphasis will be placed on the measures contained in Chapter III of the regulation, which empowers the competent authorities to agree upon different actions directed towards the maintenance (prevention) but also, in the case, the restoration of public tranquillity in cases of public insecurity.

In particular, we will analyse the powers of the authorities and agents of the Security Forces and Corps to dictate orders and instructions, for the entry and search of homes, to require the identification of people, to carry out checks and searches in public places, establish traffic restrictions and controls on public roads, as well as other extraordinary measures in emergency situations essential to guarantee public safety (eviction from premises or establishments, prohibition of passage, evacuation of buildings, etc.). It will also analyse the measures that may be adopted by the authorities to protect the holding of meetings and demonstrations, as well as to re-establish the normality in cases of disruption of public safety.

SECOND: FUNDAMENTAL RIGHTS IN THE INVESTIGATION OF CRIMINALITY.

In this section, there will be an exhaustive analysis of pre-trial and judicial detention, focusing fundamentally on their constitutional guarantees.

Likewise, it will be necessary to study exhaustively the modifications introduced by the reform of Organic Law 13/2015, of 5 October, of modification of the Criminal Procedure Act for the strengthening of procedural guarantees -reinforcement of the procedural rights of defendants and arrested or prisoners - and the regulation of technological investigation measures - which limit the fundamental rights contained in article 18 of the Constitution (entry and search in a closed place; search of books and papers; detention and opening of written and telegraphic correspondence; interception of telephone and telegraphic communications; interception and recording of oral communications through the use of electronic devices; use of technical devices for image capturing, tracking and tracing; searching of mass storage devices; remote recording of computer equipment).

THIRD PARTIES: FUNDAMENTAL RIGHTS AND PUNISHMENT OF CRIMINALITY. REINSERTION.

There is abundant constitutional literature and case law on the exercise of fundamental rights in the framework of a special relationship of subjection such as that between the prisoner and the prison administration. The European Court of Human Rights, and our national courts, are clear that fundamental rights cannot stop at the prison gate.

Our intention, in analysing this third block, is to analyse the limitation of the rights of inmates in prisons, and to do so it will be necessary to study the Organic Law 1/1979, of 26 September, General Penitentiary Law, and its implementing regulations. Likewise, it will be necessary to study the jurisprudence emanating from the Penitentiary Vigilance Courts and the Constitutional Court. In this respect, there will be a special reference to the limitations that derive from the existence of this special relationship of subjection to rights such as life and physical and moral integrity, privacy, secrecy of communications, right to information, right to education, right to work and right to effective judicial protection.

Finally, it will conclude with an analysis of the function of re-education and reintegration of the delinquent that custodial sentences must fulfil (whose purpose, therefore, is not exclusively retributive and dissuasive with regard to the commission of criminal behaviour).

• Continuous assessment:
  The 30% of the mark corresponding to the resolution of problems or cases is obtained from a practical test that takes place on the same day as the final theoretical test.
  Nevertheless, the student will have carried out practical exercises throughout the semester that will help him/her to face the final practical test.
• Non-continuous evaluation:
  Students who opt for the non-continuous assessment system have the right to sit the exam on ordinary and extraordinary calls. The exam will include a theoretical part and a practical part. The theoretical part will account for the 70% of the total grade and the practical part will account for 30% of the total grade.
  The 30% of the marl corresponding to the resolution of problems or cases is obtained form a practical test that takes place on the same day as the final exam.