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Modalidades Delictivas II (D.Penal II) (GED70167)

General information

Type:

 BAS

Curs:

 2

Period:

 S semester

ECTS Credits:

 3 ECTS

Teaching Staff:

Group Teacher Department Language
Sec: A Inés Portabella Cornet Derecho ESP
Sec: A Marc García Solé Derecho ESP

Group Teacher Department Language
Sec: B David Jesus Velazquez Vioque Derecho ENG

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 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 younger than 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. 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 PUBLIC ADMINISTRATIONS AND THE COURTS

Lesson 29: Crimes against public administrations: General considerations. Corrupt 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: Corruption. 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. Illegal practice. 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.

3.

4.

Relation between Activities and Contents

1 2 3 4
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
Sec: A Inés Portabella Cornet Derecho
Sec: A Marc García Solé Derecho

Horari Sec: A

From 2016/2/3 to 2016/5/6:
Each Wednesday from 10:45 to 12:15. (Except: 2016/3/23)
Each Friday from 13:00 to 14:30. (Except: 2016/2/12 and 2016/3/25)

Monday 2016/5/30 from 16:00 to 19:00.

Thursday 2016/7/14 from 16:00 to 19:00.

Group Teacher Department
Sec: B David Jesus Velazquez Vioque Derecho

Horari Sec: B

From 2016/2/3 to 2016/5/6:
Each Wednesday from 10:45 to 12:15. (Except: 2016/3/23)
Each Friday from 13:00 to 14:30. (Except: 2016/2/12 and 2016/3/25)

Friday 2016/5/27 from 16:00 to 19:00.

Thursday 2016/7/14 from 16:00 to 19:00.