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2020/2021

Regulation of Organisations

Code: 104003 ECTS Credits: 6
Degree Type Year Semester
2502501 Prevention and Integral Safety and Security OB 1 2
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:
María del Carmen Medina Martínez
Email:
MariaDelCarmen.Medina@uab.cat

Use of Languages

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

Prerequisites

 
There are no prerequisites

Objectives and Contextualisation

 
From the theoretical field
 
 
1.Understand and be able to synthesize the regulation of organizations from a legal-criminal context.
2. Know the criminal responsibility in which the subjects may be involved.
3. Understand and be able to synthesize a legal-criminal text.
4. Deepen your knowledge in the Spanish Penal Code
 
From the practical field
 
 
1. Communicate effectively both orally and in writing.
2. To be able to give legal information on criminal matters to offenders and victims.
3. Become familiar with the legal databases and use them.
4. Interpret and understand a judicial resolution and the different tools of criminal law.

Competences

  • Assume the social, ethical and professional responsibility that derives from professional practice.
  • Be able to adapt to unexpected situations.
  • Contribute to decisions on investment in prevention and security.
  • Have a general understanding of basic knowledge in the area of prevention and integral safety and security.
  • Maintain a positive attitude with respect to professional and personal growth.
  • Respond to problems applying knowledge to practice.
  • Show respect for diversity and the plurality of ideas, people and situations.
  • Use the capacity for analysis and synthesis to solve problems.

Learning Outcomes

  1. Apply the basis of statistics. Economics and finance, in the applicable legal framework and the informatics necessary to undertake prevention and security.
  2. Assume the social, ethical and professional responsibility that derives from professional practice.
  3. Be able to adapt to unexpected situations.
  4. Identify the key elements in processes to define the security policies of organisations.
  5. Maintain a positive attitude with respect to professional and personal growth.
  6. Respond to problems applying knowledge to practice.
  7. Show respect for diversity and the plurality of ideas, people and situations.
  8. Use the capacity for analysis and synthesis to solve problems.

Content

BLOCK I: Criminal Responsibility in Integral Security. General part.


										
											ITEM 1. THE CRIMINAL SYSTEM AND CRIMINAL LAW AS A NORMATIVE FRAMEWORK FOR SECURITY
										
											Relationship of the penal system and criminal law with the security sector: Criminal system. Penal operators and institutions that intervene in the penal system. Criminal law as part of the penal system.
										
											Regulatory framework that affects the security sector. Criminal law. Its concept and legitimation. Fundamental principles of modern criminal law.
										
											The sources of Criminal Law. The interpretation of criminal law.
										
											Serious offenses and minor offenses. Penalties and security measures.

										
											ITEM 2. LIMITS OF CRIMINAL LIABILITY IN SECURITY. CONSTITUTIONAL PRINCIPLES OF CRIMINAL LAWS.
										
											Limits of criminal liability in security. Constitutional principles of criminal law.
										
											The principle of legality and its guarantees. The principle of minimum damage. Guilt principle. Effective judicial protection.
										
											
										
											ITEM 3. CRIME AND CRIMINAL LIABILITY IN SECURITY I
										
											Criminal offense: definition and classes. Typicity. The action and omission in the criminal offense. Subjective criminal liability in security: intent and recklessness. Fortuitous case.

										
											ITEM 4. CRIME AND CRIMINAL LIABILITY IN SECURITY II
										
											Criminal liability for omission in the security sector. Own and improper omission. The path of crime and authorship in the world of security. Degrees of execution in the criminal offense. Authorship and participation.

										
											ITEM 5. CRIME AND CRIMINAL LIABILITY IN SECURITY III
										
											Circumstances exempting criminal liability from the perspective of the security sector
										
											Criminal liability. Unlawfulness and Causes of Justification. Guilt and causes of exclusion. Imputability. Punishability in criminal offense. Circumstances that exempt, modify or extinguish criminal liability.
BLOCK II: Criminal Responsibility in Integral Security. Special Part.

ITEM 1. CRIMINAL RESPONSIBILITIES DERIVED FROM THE PROFESSION'S EXERCISE IN THE FIELD OF SECURITY.
										
											Special reference to liability for death, injury and illegal detention.
										
											Responsibility for omission of functions: omission of the duty of relief and denial of healthcare.

										
											ITEM 2: MOST COMMON CRIME FIGURES WITHIN THE PROFESSIONAL FIELD OF SECURITY.
										
											Special reference in the field of property liability: theft, robbery and damage.
										
											Special reference to criminal liability in the field of public health.
										
											
										
											ITEM 3. ANALYSIS OF CRIMINAL LIABILITY AS AN ACTIVE AND PASSIVE SUBJECT OF SPECIAL CRIMES IN THE FIELD OF SECURITY.
										
											Special reference to the crimes of Attack, Resistance and Disobedience
										
											Crimes against Moral Integrity: Torture and other crimes against moral integrity.
										
											
										
											ITEM 4. CRIMINAL LIABILITY IN THE LABOR FIELD: OF CRIMES AGAINST THE RIGHTS OF WORKERS
										
											Analysis of different criminal figures related to the field of occupational safety.
										
											Imposition or maintenance of illegal working conditions or social security. Crime of illegal collective occupation or irregular collective occupation.
										
											Illegal trafficking of labor. Fraudulent emigration. Discrimination in employment.
										
											Conducts that violate freedom of association and the right to strike.
										
											
										
											ITEM 5. CRIMINAL LIABILITY IN THE FIELD OF SAFETY AND HYGIENE AT WORK.
										
											Introduction. Legal framework. Protected legal asset.
										
											Crime against safety and hygiene at work. Analysis of the regulatory elements: the legally required, occupational risk prevention standards.
										
											Dolosa and Reckless Realization. Crime contest.

Methodology

 
The teaching methodology will consist of the combination of the study of the materials with the case study and the supervised and autonomous work by the student to improve the acquisition of knowledge and skills

Activities

Title Hours ECTS Learning Outcomes
Type: Directed      
Theoretical classes with ICT support to answer questions 6 0.24 1, 4
Type: Supervised      
Discussion forums, resolution of practical cases and tests. Tutorials and sessions videoconference 20 0.8 3, 2, 6, 5, 7, 8
Type: Autonomous      
Resolution of practical cases. Carrying out work. Personal study 120 4.8 3, 1, 2, 6, 4, 5, 7, 8

Assessment

CONTINUED ASSESSMENT
										
											
										
											The evaluation method of this subject is structured in two clearly differentiated sections:
										
											
										
											1. Evaluation of the topics worked on in the Moodle classroom and continuous evaluation
										
											
										
											Exercises and problems: delivery of the exercises and problems that arise in the Moodle classroom.
										
											
										
											The student must complete two exercises, one of Criminal Law and the other of Compliance, with a value of two points, each, with respect to the final grade.
										
											
										
											The mark of these exercises (4 points (maximum mark) with respect to the final mark of the subject) will be added to the average obtained from the individual theoretical tests provided that they have been passed under the conditions specified in the following section *.
										
											
										
											2. Individual theory tests
										
											
										
											Written exam: written tests that allow evaluating the knowledge acquired by the student.
										
											The student must pass two written tests. The value of them is 3, each, with respect to the final grade for the course. Being the total value of 6 points out of 10.
										
											* The student who obtains a 2.4 out of 6 of the set of theoretical tests will be able to add the grade obtained from the practical part.
										
											
										
											3. Final Exam
										
											
										
											The student who does not pass the subject, who does not reach a 5 (total) out of 10, or who has not been able to follow the continuous evaluation, may take the final exam of the total of the subject. This exam will consist of an evaluation test in which the whole content of the subject will be reevaluated. The grade obtained in this exam will be the grade of the subject that will consist of a maximum of 5, regardless of the grade obtained in the exam.
										
											
										
											4. Plagiarism
										
											
										
											Without prejudice to other disciplinary measures deemed appropriate, in accordance with current academic regulations, irregularities committed by a student that may lead to a change in the grade will be scored with a zero (0). For example, plagiarizing, copying, letting copy ... an evaluation activity will involve suspending this evaluation activity with a zero (0). Assessment activities classified in this way and by this procedure will not be recoverable.

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Resolution of practical cases. Carrying out work. Personal study 40% (20% each test) 2 0.08 3, 2, 6, 5, 7, 8
Two individual theory tests: written tests that allow the knowledge acquired by the student to be assessed 60% (30% each test) 2 0.08 1, 4

Bibliography

BASIC BIBLIOGRAPHY
										
											
										
											RECOMMENDED MANUALS:
										
											
										
											ENRIQUE ORTS BERENQUER; JOSE LUIS GONZÁLEZ CUSSAC .- Compendium of Criminal Law, Ed. Tirant Lo Blanch, 7th edition 2017.
										
											
										
											MUÑOZ CONDE F. and GARCIA ARAN M. .- Criminal law. Parte General, Valencia, ed. Tirant Lo Blanch, 9th edition 2015.
MUÑOZ CONDE, F., Criminal law: special part, Tirant lo Blanch, Valencia, 2019.

										
											COBO DEL ROSAL, M., Criminal law; special part, Dikinson, Madrid, 2005.

										
											GÓMEZ RIVERO, MC., Practical cases of Criminal Law special part, Tirant lo Blanch, Valencia, 2015.
LEGAL TEXTS: Constitution, Penal Code, Law of Criminal Prosecution, Organic Law of the Judiciary, General Organic Penitentiary Law.