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Derecho Penal II (GED70011)

General information

Type:

 BAS

Curs:

 2

Period:

 S semester

ECTS Credits:

 7 ECTS

Teaching Staff:

Group Teacher Department Language
Marc García Solé Derecho ESP
Inés Portabella Cornet Derecho ESP
Marc Molins Raich Esade ESP

Workload distribution

Workload distribution:

- Classroom-based activities: 40% of total credits
- Guided activities: 30% of credits
- Independent study: 30% of credits

COURSE CONTRIBUTION TO PROGRAM

Understand the relationship between Criminal Law and the legal regulations applied in other sectors of the legal system.

Course Learning Objectives

The student must be able to:
- Relate the knowledge learnt in the General Section with that of the Special Section of Criminal Law.
- Interpret criminal law regulations using the interpretive tools studied in the General and Special Sections.
- Interpret legal resolutions in order to undertake subsequent critical analysis.


Competences

4. Conveying information and/or knowledge
2. Application of knowledge to achieve results

Relation between Activities and Competences

4 2
Course content    
Work on competences    
Exams    

CONTENT

1. CRIMES AGAINST LEGALLY-PROTECTED FUNDAMENTAL RIGHTS

Lesson 1: Life as a legally-protected right. General considerations. Homicide, assassination, inducing and assisting suicide; the legal view on euthanasia.

Lesson 2: Abortion. General considerations. Controversy surrounding the penalisation of abortion. Study on the different types of related crimes. Injuries to the foetus. General considerations. Wilful and imprudent injuries.

Lesson 3: Crimes related to genetic manipulation. General considerations. Types.

Lesson 4: Injuries. General considerations. Legally protected rights. Consent in injuries. Analysis of the different types of injuries.

Lesson 5: Crimes against freedom (I). Illegal detainment and kidnapping by an individual. Illegal detainment and kidnapping by a civil servant. Crimes against freedom (II). Threats and coercion.

Lesson 6: Torture and other crimes against moral integrity. General considerations. Analysis of the concept of 'moral integrity'. Legally protected rights in cases of torture and other crimes against moral integrity. Analysis of torture and other crimes against moral integrity.

Lesson 7: On the treatment of Human Beings

Lesson 8: Crimes against sexual freedom and indemnity. Sexual crimes. Sexual abuse. Sexual crimes and sexual abuse perpetrated against minors under the age of thirteen. Sexual harassment. Exhibitionism and sexual provocation. Crimes related to prostitution and the corruption of minors.

Lesson 9: Failure to fulfil the duty to assist others. The crime of failure to fulfil the duty to assist others. Denying medical attention and abandonment of medical services.

Lesson 10: Privacy violations. Uncovering and revealing secrets. Breaking and entering.

Lesson 11: Crimes against personal honour. Legally protected rights. Slander. Elements of this crime. The "exceptio veritatis" principle. Defamation and libel. General dispositions.

Lesson 12: Crimes against family relations. Illegal marriages. Crimes against the family related to changes in paternity and the minor's state or condition. Crimes against familial rights and obligations.

2. CRIMES AGAINST PATRIMONY AND THE SOCIO-ECONOMIC ORDER

Lesson 13: General considerations on crimes against patrimony and the socio-economic order. Petty theft. Types of petty theft. Aggravated theft.

Lesson 14: Robbery. Robbery with breaking and entering. Types. Aggravated robbery with violence or intimidation.

Lesson 15: Blackmail. Theft for personal use. Encroachment: violent encroachment or occupation of property or rights. Peaceful occupation of property. Altering municipal or property limits. Altering the natural course of water.

Lesson 16: Fraud. Fraud as a crime. General considerations. Elements of fraud. Types of fraud. Computer fraud. Other fraud scenarios.

Lesson 17: Illegal appropriation: concept and differences with respect to other crimes. Analysis of the elements of misappropriation. Special cases. Illegal appropriation of others' energy/water sources.

Lesson 18: Punishable insolvency. Concealment of assets. Other types of punishable insolvency. Altering prices in public bids and contests. Damage to personal property. General considerations. Types. Common dispositions for crimes against patrimony.

Lesson 19: Crimes against intellectual property. Crimes against industrial property. Crimes against the market and consumers. General dispositions.

Lesson 20: Removal of items with a social or cultural use. Crimes against society: General considerations. Types of crime. Receiving stolen goods. Laundering of money and goods obtained as the result of serious crimes: General considerations. Types.

Lesson 21: Falsification and counterfeiting. Counterfeiting money and State seals and stamps. Falsification of documents. Falsification committed by a civil servant or public authority. Falsification by individuals. Use of falsified documents. Falsification and fraudulent use of postal services. Falsification of private documents. Falsification of certificates. Identity fraud. Impersonation of a public servant. Illegal professional practice.

3. CRIMES AGAINST THE PUBLIC INTEREST

Lesson 22: Protection of legally-protected collective rights: their limits with respect to supra-individual rights. Crimes against the Treasury and Social Security. Benefit fraud. Accountancy crimes. Crimes against the EU Treasury or budgets.

Lesson 23: Crimes against workers' rights. Types. Crimes against the right to unionise and the right to strike. Crimes against worker health and safety.

Lesson 24: Crimes against the rights of foreign nationals.

Lesson 25: Crimes related to territorial zoning and the protection of historical patrimony. Crimes against natural resources and the environment. Protection of the flora and fauna.

Lesson 26: Crimes regarding risk in the Penal Code: general considerations. Crimes against collective safety. Crimes of catastrophic risk. Crimes regarding nuclear energy. Harmful impact. Risk crimes provoked by other agents. Fire-related crimes: types.

Lesson 27: Crimes against public health. Crimes related to preparing and transmitting toxic or dangerous substances and medicines. Food fraud. Crimes related to toxic drugs, narcotics and psychotropic substances.

Lesson 28: Traffic safety crimes. Driving under the influence of drugs or alcohol. Refusal to submit to legally established tests. Reckless driving. Creating a severe risk for traffic. Homicidal driving.

4. CRIMES AGAINST PUBLIC ADMINISTRATIONS AND THE COURTS

Lesson 29: Crimes against public administrations: General considerations. Perversion of justice and other unfair practices undertaken by civil servants. Illegal naming and designations. Abandoning posts and failure in duty to pursue crimes. Disobedience and refusing to provide assistance. Disloyalty in the safekeeping of documents. Breach of secrecy.

Lesson 30: Bribery. Influence peddling. Embezzlement. Fraud and illegal levies. Negotiations and activities prohibited to public servants. Abuse of power.

Lesson 31: Crimes against the Courts: General considerations. Perversion of justice. Failure in duty to prevent crimes or to pursue them. Complicity. Arbitrary practice. False accusations and reports. Crime simulation. Perjury. Obstruction of justice. Professional disloyalty. Breach of legal sentences.

5. CRIMES AGAINST THE CONSTITUTION AND PUBLIC ORDER

Lesson 32: Crimes against the Constitution. Rebellion. Crimes against the Crown. Crimes against State Institutions and the separation of powers. Crimes against the exercise of fundamental rights and freedoms guaranteed by the Constitution. Crimes against freedom of thought, religion and respect for the dead. Crimes against the obligation to carry out public service in substitution of the military service. Crimes committed by civil servants against constitutional guarantees.

Lesson 33: Crimes against the public order. Sedition. Crimes against authority, its agents and public servants. Resistance and disobedience. Public disturbance. Arms or explosives possession, trafficking and storage. Terrorism.

Lesson 34. Treason. Crimes putting the State's peace or independence at risk. Crimes related to national defence. Crimes regarding the obligation to fulfil the military service.

Lesson 35: Crimes against the international community. Crimes against Human Rights. Genocide. Crimes against people and protected rights during armed conflict.

Relation between Activities and Contents

1 2 3 4 5
Course content          
Work on competences          
Exams          

Methodology

Teaching-learning methodology:

Lecture classes, case studies and completion of exercises and problem-solving tasks. Students will also resolve practical case studies, carry out trial simulations and answer questions based on the different readings and the debates they raise.

Teaching modalities: Lectures, participatory sessions (practical scenarios directly linked to the material under study, readings and analysis of jurisprudence), seminars and tutorials.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Course content 20
Work on competences 20
Exams 60

Assessment criteria

Course content:
Each student will be assessed on the set activities a minimum of four times. This assessment will adhere to the following criteria:
1. Identify and adequately define ithe problems that arise in a case as well as their causes
2. Analyse the advantages and disadvantages of the different possible solutions to a case and then choose the most appropriate option based on the analyses of the different options.
3. Present clearly defined arguments for your decisions.

Exams
1. The topics set in the January mid-term exam will not be repeated in the final exam. If passed, the January mid-term exam will represent 50% of students' final mark for the course. The final exam sat in May will represent the remaining 50% of students' final mark.

Students that fail either the January mid-term exam or the May final exam will be required to sit an exam covering all the course material. For those that fail the January exam this will be sat in May and for those that fail the May exam in July.

Students who pass the January mid-term exam may choose to sit the exam covering all the course material in May in order to try to improve their mark. However, it should be noted that they run the risk of failing the course, which will result in their having to re-sit the exam covering all the course material in the July exam sitting.

Students who do not:
1. Pass this course in the FIRST-SITTING due to not attending class, not completing the assignments specified or copying these will not be able to RE-SIT THE FINAL and will thus have to re-take the course, duly completing the activities specified by faculty.
2. Have the level of required competencies may move on to the next year so long as they pass this course but they will not be able to complete the final degree project until they achieve the level of competencies required for the programme

Bibliography

Short bibliography:

QUINTERO OLIVARES y OTROS
'Comentarios a la Parte Especial del Derecho Penal'. Ed. Aranzadi. Pamplona, latest edition

MUÑOZ CONDE, F.
'Derecho Penal - Parte Especial'. Ed. Tirant lo Blanch. Valencia, latest edition

BAJO FERNÁNDEZ, M.
'Compendio de Derecho Penal (Parte Especial)', Vol. II. Madrid, latest edition

Additional bibliography and material: in addition to the recommended textbooks, faculty will provide students with a bibliography covering legal documents and jurisprudence related to the range of topics covered in the course.

Timetable and sections

Group Teacher Department
Marc García Solé Derecho
Inés Portabella Cornet Derecho
Marc Molins Raich Esade

Timetable

From 2014/9/16 to 2014/12/18:
Tuesday and Thursday from 8:00 to 9:30.

From 2015/2/3 to 2015/5/12:
Each Tuesday from 8:00 to 10:00.

Friday 2015/5/22 from 16:00 to 19:00.