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2020/2021

Economic and Business Crimes Law

Code: 102247 ECTS Credits: 6
Degree Type Year Semester
2500786 Law OT 4 0
The proposed teaching and assessment methodology that appear in the guide may be subject to changes as a result of the restrictions to face-to-face class attendance imposed by the health authorities.

Contact

Name:
Victor Muñoz Casalta
Email:
Victor.Munoz.Casalta@uab.cat

Use of Languages

Principal working language:
spanish (spa)
Some groups entirely in English:
No
Some groups entirely in Catalan:
No
Some groups entirely in Spanish:
Yes

Prerequisites

In order to understand and follow up this optional subject, it is highly recommended that the student has passed the core subjects of Criminal Law (Criminal Law I, II and III). Although not essential, it will also help you to better understand how to take the optional course "Criminal trials" at the same time. 

Objectives and Contextualisation

- Learn about the basic characteristics of socio-economic crime and the business environment.

- Know how to determine the legal consequences impossible for these crimes.

- To develop the capacity for legal analysis and interpretation in this area of crime.

- Know how to articulate criminal protection in the socio-economic field with other areas of the legal order.

- To know the political-criminal context of these crimes and to develop an analytical and critical capacity.

- To know how to qualify proven facts related to material and to determine the impossible penalty.

Translated with www.DeepL.com/Translator

Competences

  • Acquiring the basic knowledge from the several legal dogmas and presenting them in public.
  • Arguing and laying the foundation for the implementation of legal standards.
  • Drawing up and formalising works, reports, documents, rulings.
  • Drawing up legal texts (contracts, judgements, sentences, writs, rulings, wills, legislation...).
  • Identifying and solving problems.
  • Identifying the underlying conflicts of interest in disputes and real cases.
  • Identifying, assessing and putting into practice changes in jurisprudence.
  • Identifying, knowing and applying the basic and general principles of the legal system.
  • Managing bibliographic and documentary resources: databases, browsing, etc.
  • Mastering the computing techniques when it comes to obtaining legal information (legislation databases, jurisprudence, bibliography...) and in data communication.
  • Memorising and utilising legal terminology.
  • Planning and organising: managing of time, resources, etc.
  • Presenting in front of an audience the problems of a concrete law suit, the applicable legal regulations, and the most consistent solutions.
  • Searching, interpreting and applying legal standards, arguing every case.
  • Students must be capable of demonstrating a critical awareness of the analysis of the legal system and development of legal dialectics.
  • Students must be capable of demonstrating the unitary nature of the legal system and of the necessary interdisciplinary view of legal problems.
  • Students must be capable of learning autonomously and having an entrepreneurial spirit.
  • Students must be capable of making decisions.
  • Students must be capable of perceiving the impact and implications of the decisions taken.
  • Students must prove they know and comprehend the main public and private institutions in its genesis and as a whole.
  • Use different information and communication technologies.
  • Using the main constitutional principles and values as a working tool in the interpretation of the legal system.

Learning Outcomes

  1. Acquiring the basic knowledge of criminal law.
  2. Arguing the implementation of criminal laws in the resolution of criminal problems.
  3. Becoming aware of the importance of the ethical commitment of the lawyer in the criminal proceeding.
  4. Defining defence strategies of the criminal legal interests.
  5. Defining the link between the criminal law and the constitutional principles and values.
  6. Defining the main criminal institutions.
  7. Distinguishing the dependence and autonomy relations between criminal law and the rest of branches of the legal system (civil, labour, administration, finances).
  8. Distinguishing the important connexion between the substantive criminal law and the procedural criminal law.
  9. Drawing up and formalising works, reports, documents, rulings.
  10. Drawing up documents of specific criminal content linked to the process, fundamentally of provisional conclusions, appeals, and sentences.
  11. Drawing up resolutions of criminal cases.
  12. Finding the applicable legislation between the criminal code and special criminal laws.
  13. Identifying and assessing the jurisprudence of Provincial Courts and the Supreme Court in criminal matters.
  14. Identifying and knowing the limiting principles of labour law.
  15. Identifying and solving problems.
  16. Identifying the conflicts of interest underlying in a concrete criminal law suit.
  17. Identifying the conflicts of interest underlying in a general criminal law suit.
  18. Identifying, knowing and applying the interpretative principles of criminal law.
  19. Interpreting the criminal laws as criminal policy decisions.
  20. Introducing in the classroom the defence or accusation of criminal cases.
  21. Laying the foundation for the implementation of criminal laws in the resolution of criminal problems.
  22. Managing bibliographic and documentary resources: databases, browsing, etc.
  23. Memorising and using the criminal specific terminology.
  24. Planning and organising: managing of time, resources, etc.
  25. Searching criminal sentences in databases.
  26. Solving interpretation and application problems of criminal laws.
  27. Students must be capable of learning autonomously and having an entrepreneurial spirit.
  28. Students must be capable of making decisions.
  29. Students must be capable of perceiving the impact and implications of the decisions taken.
  30. Use different information and communication technologies.
  31. Using the arguments of criminal and constitutional jurisprudence for the resolution of criminal problems.
  32. Using the main constitutional principles and values as a working tool in the interpretation of the legal system.
  33. Verbally explaining the resolution of problems related to criminal laws.

Content

1: INTRODUCTION TO ECONOMIC CRIMINAL LAW. 1. The emergence of "crimes against the socio-economic order" in the Criminal Code of 1995: background, scope of extension and controversy over their incrimination. 2. Basis, concept and purpose of economic criminal law. Sources of economic criminal law. The principle of ultima ratio and the necessary subsidiarity of economic criminal law. The ne bis in idem principle.

2. GENERAL ISSUES APPLIED TO THE ECONOMIC AND BUSINESS FIELD. 1. Dangerous crimes. 2. Blank criminal law regulations. 3. The objective imputation and the question of the permitted risk. 4. Omission. 5. Perpetration and participation in special offences and collegiate bodies. 6. Criminal liability of legal persons. 7. The error in economic criminal law.

3. BRIEF REFERENCE TO SOME BASIC PATRIMONIAL OFFENCES. 1. the scam. 2. Misappropriation. 3. Features common to both offences. 4. Delimitation in respect of other forms of crime.

4. PUNISHABLE INSOLVENCIES. Assets lifting and contests.

5. DOCUMENTAL FALSE. 1. Protected legal property. Classes of falsehood: material falsehood and ideological falsehood. New false modalities introduced in LO 5/2010: a) The use or trafficking of false identity documents, b) the trafficking of false certificates, c) the counterfeiting of credit, debit and traveller's cheques. 4. Bankruptcy problems: the difficult distinction between legal and criminal competition and the need to respect the principle of ne bis in idem.

6. CORPORATE CRIMES. 1. General questions: a) the concept of society, b) the conditions of persecution. 2. Unfair administration. Delimitation with the crime of misappropriation. 3. False accounting. 4. Obstruction of the inspecting or supervising action of the Administration.

7. CRIMES RELATING TO THE MARKET AND CONSUMERS. 1. Power of attorney and disclosure of company secrets. Delimitation with respect to crimes against privacy. 2. The offence of misleading advertising. Delimitation regarding the scam. 3. The crime of false billing. Delimitation with respect to documentary falsehoods. 4. The crime of price alteration. Persecution problems. New forms of crime: (a) so-called'investment fraud', (b) corruption between private individuals.

8. CRIMES RELATING TO INTELLECTUAL PROPERTY. 1. the protected legal property. 2. Elements of the basic type. 3. The specific types. 4. Qualified types.

9. CAPITAL LAUNDERING OFFENCES, CRIMES AGAINST PUBLIC FINANCES AND AGAINST SOCIAL SECURITY. 1. the crime of money laundering. 2. The crime of tax fraud. 3. The crime of social security fraud. 4. The offence of subsidy fraud. 5. Community fraud offences. 6. The tax accounting offence.

10. THE DELINQUENCES RELATING TO TERRITORY MANAGEMENT, URBANISM AND THE PROTECTION OF THE ENVIRONMENT. 1. Town-planning crime. 2. Ecological crimes.

Methodology

Classes are divides unto a theoretical part and another practical part. Te student must be a le yo connect the theoretical knowledge un the realizaron of practic cases.

Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Practic classes in the clasroom 10.5 0.42 1, 2, 25, 4, 5, 6, 8, 7, 33, 21, 22, 16, 17, 13, 18, 19, 23, 3, 20, 10, 9, 11, 26, 29, 28, 12, 30, 31, 32
Practical classes 4.5 0.18 2, 25, 4, 8, 33, 21, 22, 16, 13, 18, 23, 20, 10, 9, 11, 26, 29, 28, 12, 30, 31, 32
Theorical classes 30 1.2 1, 5, 6, 8, 7, 21, 17, 14, 18, 19, 23, 30, 32
Type: Autonomous      
Bibliography análisis, debate, study of jurisprudence 103 4.12 1, 2, 25, 4, 5, 6, 8, 7, 33, 21, 22, 16, 17, 14, 13, 18, 19, 23, 3, 20, 10, 9, 11, 26, 29, 28, 12, 30, 31, 32

Assessment

The evaluation is continuos. 50% of the note correspond with the practical cases and the other 50% with the exam. The realization if allá the activities is required.

IMPORTANT:

A student who cheats or try to cheat an exam will have a 0 as a mark. A Student who submits a paper o practical in which there is evidence of plagiarism will have a 0 as a mark and will receive a warning. In case of repetition, the students will fail the subject.

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Exam 50% 0 0 1, 5, 7, 22, 27
Oral presentation of a book 10% 2 0.08 1, 5, 6, 7, 14, 18, 23, 29, 28
Oral presentation of a book 10% 0 0 2, 25, 4, 5, 8, 7, 33, 21, 22, 16, 17, 13, 18, 19, 24, 3, 20, 15, 10, 9, 11, 26, 27, 29, 28, 12, 30, 31, 32

Bibliography

-  MARTINEZ BUJAN PEREZ C., Derecho penal económico y de la empresa, parte especial, Valencia, Tirant lo Blanco, 2016.

-  MARTINEZ BUJAN PEREZ, C., Derecho penal económico y de la empresa, parte general, Valencia, Tirant lo Blanch, 2015.

-  NIETO MARTÍN, A., “Introducción al Derecho Penal Económico y de la Empresa”, en Nieto Martín, A., Lascuraín Sáncezh, J. A., Dopico Gómez-Aller, J., De la Mata Barranco, N. J.,: Derecho Penal económico y de la empresa, E. Dykinson, Madrid, 2018. (MANUAL EN ABIERTO Y DESCARGABLE DE FORMA GRATUITA).

- GALÁN MUÑOZ, A., NÚÑEZ CASTAÑO, E., (Aut.): Manual de Derecho Penal económico y de la empresa, Ed. Tirant lo Blanch, Valencia, 2019.

- Corcoy Bidasolo, M., Gómez Martín, V., (Dirs.): Manual de Derecho Penal, económico y de empresa. Parte general y parte especial, Ed. Tirant lo Blanch, Tomo 2, Valencia, 2016.

- Camacho Vizcaíno, A., (Dir.): Tratado de Derecho Penal Económico, Ed. Tirant lo Blanch, Valencia, 2019.