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Fundamentos del Derecho Penal y Teoría del Delito II (GED70046)

General information

Type:

BAS

Curs:

1

Period:

S semester

ECTS Credits:

5 ECTS

Teaching Staff:

Group Teacher Department Language
Marc García Solé Derecho ESP

Prerequisites

There are no prerequisites.

Workload distribution

- Classroom sessions: approximately 40% of credits
- Guided activities: approx. 30% of credits
- Independent study: approx. 30% of credits

COURSE CONTRIBUTION TO PROGRAM

This course serves to reflect on the role and function of Criminal Law within Public Law. It also considers the relationships, complementariness, subordination and prevalence of Criminal Law with regard to other areas of the legal system.

Course Learning Objectives

- Application of Criminal Law principles
- Dogmatic study of the political-criminal elements in Criminal Theory

Competences

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

CONTENT

1. CRIMINAL THEORY

Lesson 9
Criminal 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.

Relation between Activities and Contents

1
Assigments and exercises  
Active class participation  
Exams  

Methodology

Teaching modes: theoretical classes/lectures, practical sessions (practical scenarios directly linked to the study materials; jurisprudence reading and analysis), seminars and tutorials.

Teaching-learning methodology: lectures, work on case studies and the completion of exercises and problem-solving tasks.

Relationship with the competences that students should acquire: the strategic thinking/systematic thinking competence will be developed through the lecture classes, the completion of exercises and problem-solving tasks as well as the seminars and tutorials. Similarly, students will be able to apply what has been learnt through the practical classes and seminars to strengthen their knowledge and use of strategies and be able to identify and analyse a problem in order to generate alternative solutions, applying the methods they have learnt in class. Thereby the second competence will be developed.

Furthermore, the course seeks to develop the competence to communicate information through debates, tutorials, seminars and class discussions on practical case studies.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Assigments and exercises 20
Active class participation 20
Exams 60

Assessment criteria

Assignments and exercises:
- Develop an awareness of the complexity of the course content and analyse it.
- Take into account a range of perspectives, sources, dimensions etc. and know how to use them as a whole to analyse social reality.
- Understand that the solutions offered are the result of multiple interactions.

Active class participation: Individual and team work.

Exams:
- Develop an awareness of the complexity of the course content and analyse it.
- Take into account a range of perspectives, sources, dimensions etc. and know how to use them as a whole to analyse social reality.
- Understand that the solutions offered are the result of multiple interactions.

Attendance is compulsory.

Students who do not:
1. Pass the course at the first exam sitting either because they failed to attend class, they did not complete the assignments or copied them, will not be able to re-sit the final exam and will have to take the course again and complete the assignments.
2. Have the required level of competences may be able to move on to the next year of the programme so long as they pass this course. However, they will not be able to complete the final degree project without first acquiring the required competence levels for the programme.

Bibliography

QUINTERO OLIVARES, G., Manual de Derecho Penal. Parte General. Aranzadi. Most recent edition.

MUÑOZ CONDE, F.; GARCÍA ARÁN, M. Derecho Penal. Parte General, Valencia. Most recent edition.

MIR PUIG, S., Derecho Penal Parte General. Barcelona. Most recent edition.

CID MOLINÉ / LARRAURI PIJOAN, Teorías criminológicas: explicación y prevención de la delincuencia . Barcelona 2002

REDONDO SANTIAGO, PER STANGELAND Y VICENTE GARRIDO. Principios de Criminología, Valencia 2002

Timetable and sections

Group Teacher Department
Marc García Solé Derecho

Timetable

From 2015/2/3 to 2015/5/14:
Tuesday and Thursday from 12:15 to 13:45.

Monday 2015/5/25 from 10:00 to 13:00.