Contactar Esade

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
Sec: A David Jesus Velazquez Vioque Derecho ESP
Sec: A Marc García Solé Derecho ESP

Group Teacher Department Language
Sec: B Marc García Solé Derecho ESP
Sec: B David Jesus Velazquez Vioque Derecho ESP

Group Teacher Department Language
Sec: C Marc García Solé Derecho ESP
Sec: C David Jesus Velazquez Vioque Derecho ESP

Prerequisites

Have passed Criminal Law I

Workload distribution

Workload distribution:

Proposed 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 acquired 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 1: General considerations on crimes against patrimony and the socio-economic order. Petty theft. Types of petty theft. Aggravated theft.

Lesson 2: Robbery. Robbery with breaking and entering. Types. Aggravated robbery with violence or intimidation.

Lesson 3: Blackmail. Theft for personal use. Undue appropriation: violent encroachment or occupation of property or rights. Peaceful occupation of property. Altering municipal or property limits. Altering the natural course of water.

Lesson 4: Fraud. Fraud as crime. General considerations. Elements of fraud. Types of fraud. Computer fraud. Other fraud scenarios.

Lesson 5: Misappropriation: concept and differences with respect to other crimes. Analysis of the elements of misappropriation. Special cases. Misappropriation of others' energy/water sources.

Lesson 6: 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 7: Crimes against intellectual property. Crimes against industrial property. Crimes against the market and consumers. General dispositions.

Lesson 8: 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 9: 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

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Course content 30
Work on competences 10
Exams 60

Assessment criteria

Assessment criteria:
- Appropriately identify and define the different points of debate in each type of crime
- Analyse the advantages and disadvantages of different possible solutions and chose the most appropriate one after careful analysis.
- Present clearly defined arguments.

Exams
The exam set for December is the final exam for this subject. Students who do not pass this exam will have to re-sit it in July.
Similarly, students who do not attend class regularly or who do not complete the assignments (or copy them) will not be able to sit the exam for this subject.
Also, students who do not acquire the level of competences demanded will be able to move on to the next year of the programme so long as they pass this subject. However, they will not be able to complete the final degree project without having acquired the required competency levels for the 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 David Jesus Velazquez Vioque Derecho
Sec: A Marc García Solé Derecho

Timetable Sec: A

From 2018/9/5 to 2018/11/22:
From Wednesday to Thursday from 11:15 to 12:45. (Except: 2018/11/1)

Friday 2018/12/21 from 14:00 to 17:00.

Group Teacher Department
Sec: B Marc García Solé Derecho
Sec: B David Jesus Velazquez Vioque Derecho

Timetable Sec: B

From 2018/9/6 to 2018/11/22:
Tuesday and Thursday from 9:15 to 10:45. (Except: 2018/9/11 and 2018/11/1)

Friday 2018/12/21 from 14:00 to 17:00.

Group Teacher Department
Sec: C Marc García Solé Derecho
Sec: C David Jesus Velazquez Vioque Derecho

Timetable Sec: C

From 2018/9/5 to 2018/11/21:
Each Monday from 10:45 to 12:15. (Except: 2018/9/24)
Each Wednesday from 9:00 to 10:30.