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Type: |
BAS | Curs: |
1 | Period: |
S semester |
ECTS Credits: |
5 ECTS |
Group | Teacher | Department | Language |
---|---|---|---|
Marc García Solé | Derecho | ESP |
2. Application of knowledge to achieve results |
4. Conveying information and/or knowledge |
1. CRIMINAL THEORYLesson 9Criminal Theory: the concept of crime. Historical-dogmatic evolution of the different elements of crime. The concept of crime in Spanish Criminal Law. Lesson 10 Illegality. Illegality and defined illegal acts. Formal and material illegality. Evolution in the concept of legal rights. Content of criminal illegality: actions and results. Lesson 11 Characterisation of illegal behaviour. Concept and functions. Relationship between characterisation of illegal behaviour and illegality. Elements of illegal behaviour characterisation: descriptive and normative elements. Incomplete penal law and blanket penal law. Lesson 12 Characterisation of illegal behaviour in crimes committed intentionally. The objective part of characterising a crime as intentional: relationship between causality and objective indictment. The subjective part of characterising a crime as intentional: concept and classes. Subjective elements of the illegal act. Lesson 13 The type of criminal offence in crimes of imprudent behaviour. Concept. Structure of the reckless act. Classes of imprudence. Guilt and wanton disregard: differentiating theories. Preter-intentionality and crimes qualified by the result. Lesson 14 The characterisation of crimes consisting of a crime by omission. Concept. Criminally relevant classes of omission: pure or own failure to act and commission by omission. Legal requirements for commission by omission. Lesson 15 The lack of typification of illicit behaviour: causes of non-typification of illicit behaviour. Absence of characterisation of illicit behaviour and characterisation structure in the Penal Code. The problem of the efficacy of consent. Lesson 16 The absence of illegality. General considerations on causes of justification. Legal effects on the areas of non characterisation, justification and acquittal. Lesson 17 Justification causes: legimitate defense, need, fulfilment of responsibility, exercise, right, function or charge. Lesson 18 Guilt. Consideration of the problem. Relation to criminal offence. Evolution in theory of culpability: psychological conception, normative conception, pure normative conception, other doctrines on culpability/guilt. Guilt by fact and guilty by authorship. Lesson 19 Elements of guilt: attribution or capacity, knowledge of illegality, enforeceability of another behaviour. Lesson 20 Causes for exclusion from guilt. Immunity from prosecution: legally underage - basis and limits. Persons suffering from psychological alterations or anomalies. Temporary insanit. Alcoholism, drug dependency and abstinence. The "actio libera in causa" doctrine in Criminal Law. Severe alteration in awareness of reality. Lesson 21 Causes for exclusion from guilt (cont.). Mistake of law: criminal treatment. Theoretical considerations regarding the mistke of law. Types and effects: legal regime. Lesson 22 Causes for exclusion from guilt (cont.). Non-enforceability of another behaviour: state of need and insurmountable fear. Lesson 23 Punishability. Considerations and evolution. The need for punshment. Objective conditions of punishability. Excuses for acquittal. Lesson 24 Perpetration and participation. The victim. The concept of perpetrator: different theories and their importance regarding participation. The concept of perpetrator in Spanish Criminal Law. Types of perpetrator: direct perpetrator and indirect perpetrator, co-perpetrator. Participation. Types of participation: induction, necessary cooperation and complicity. Lesson 25 Perpetration and participation (cont.). Special problems of participation: participation in special crimes. Perpetration of crimes committed through procedures to create notoriety. Perpetration in cases of action committed on behalf of another person and criminal responsibility of legal persons. Lesson 26 The characterisation of the illicit behaviour and the development of the crime. "Iter ciminis". Punishable preparatory acts in Spanish Law: conspiracy, proposition and provocation to commit a crime. Defense of a crime. The acts of executing a crime: attempted crimes. Desisting and repenting. Perpetration of the crime: legal perpetration and material perpetration. Lesson 27 Conditioning circumstances for criminal responsibility. General theory of conditioning circumstances. Their regulation in the Spanish Penal Code. Aggravating circumstances. Mitigating circumstances. Incomplete grounds for exemption. Aggravating or mitigating circumstance of kinship. Lesson 28 Unity and plurality of crimes. Concurrence of crimes. The ideal and real concurrence. Continuing crimes and mass crime. Conflicting laws. |
1 | |
Assigments and exercises | |
Active class participation | |
Exams |
Description | % |
---|---|
Assigments and exercises | 20 |
Active class participation | 20 |
Exams | 60 |
Group | Teacher | Department |
---|---|---|
Marc García Solé | Derecho |