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Modalidades Delictivas I (D. Penal II) (GED70166)

General information

Type:

BAS

Curs:

2

Period:

S semester

ECTS Credits:

4 ECTS

Teaching Staff:

Group Teacher Department Language
Marc García Solé Derecho ESP
Fermín Morales Prats Derecho ESP

Prerequisites

Have passed Criminal Law I

Workload distribution

Workload distribution:

Proposed training activities:
- Classroom based activities: 40% of 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 Section.
- Interpret legal resolutions in order to undertake subsequent critical analysis.


CONTENT

1. 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 crime. General considerations. Elements of fraud. Types of fraud. Computer fraud. Other fraud scenarios.

Lesson 17: Misappropriation: concept and differences with respect to other crimes. Analysis of the elements of misappropriation. Special cases. Misappropriation 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.

Relation between Activities and Contents

1
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, trial simulations and questions based on the different readings and the debates they raise.

Teaching modalities: Theoretical classes, practical classes (practical scenarios directly linked to the material under study; reading and analysis of jurisprudence), seminars and tutorials.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Course content 30
Work on competences 10
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 define in an adequate manner the 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 on the basis of the analysis of the different options choose that which is most appropriate
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 the final course grade. The final exam sat in May will represent the remaining 50% of students¿ final course grade.

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.

Those 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 and improve their grade. However, it should be noted that they run the risk of failing the course, which will result in their having to re-sit an exam on all the course material in the July exam sitting.

Students who fail to attend class, do not complete the set activities or have been caught copying while undertaking the set course activities will not be assessed in any of the exam sittings.

2. Any student who does not pass the level of required competences will be able to progress on from this year of the programme so long as the course has been passed, but they will not be able to complete the final Degree project without having acquired the required competence levels during the Degree programme.

Bibliography

Basic 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 complementary material: in addition to the recommended textbooks students will be provided 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
Fermín Morales Prats Derecho

Horari

From 2015/9/15 to 2015/12/15:
Each Tuesday from 8:00 to 10:00. (Except: 2015/12/8)

Friday 2016/1/15 from 16:00 to 18:30.

Thursday 2016/7/14 from 10:00 to 13:00.