Criminal Law (Principles)
Code: 100459 ECTS Credits: 6| Degree | Type | Year | Semester |
|---|---|---|---|
| 2500257 Criminology | OB | 2 | 1 |
Contact
- Name:
- Maria Jose Rodriguez Puerta
- Email:
- mariajose.rodriguez.puerta@uab.cat
Teaching groups languages
You can check it through this link. To consult the language you will need to enter the CODE of the subject. Please note that this information is provisional until 30 November 2023.
Prerequisites
There are not prerequisites for this course.
Objectives and Contextualisation
The general objective of this subject is to introduce students to criminal law and to develop the so-called general part of criminal law: the legal theory of crime.
In this context, the subject has the following specific objectives:
1.- To place criminal law within the general context of formal and informal social control.
2.- To understand the general elements of the Criminal Law
3.- To know and be able to interpret the elements of the legal theory of crime and punishment.
Competences
- Ability to analyse and summarise.
- Clearly explaining and arguing a carried out analysis about a conflict or crime problem and its responses in front of specialised and non-specialised audiences.
- Drawing up an academic text.
- Identifying the most appropriate and effective penal intervention for each particular case.
- Properly using the legal, psychological, pedagogical and sociological language.
- Respectfully interacting with other people.
- Students must demonstrate they know the legal framework and operating model of the crime control agents.
- Students must demonstrate they know the legal/penal response framework to criminality (constitutional law, police law, procedural law and criminal law).
- Using non-discriminatory and respectful language when referring to the several parties involved in conflict and criminality.
- Verbally transmitting ideas to an audience.
- Working autonomously.
Learning Outcomes
- Ability to analyse and summarise.
- Applying effectiveness criteria when using law in the field of criminology.
- Applying the constitutional law in the criminological field.
- Arguing criminality arguments in a verbal and polite way and without bias.
- Arguing with accuracy legal concepts at a forum.
- Drawing up an academic text.
- Effectively communicating by using specific law terms.
- Respectfully interacting with other people.
- Using the legislation and its means of implementation to the criminal act.
- Verbally transmitting ideas to an audience.
- Working autonomously.
Content
PART ONE
AIMS AND PRINCIPLES OF CRIMINAL LAW
TOPIC 1
1. Concept of law and legal norms. 2. Relationship between criminal law and other branches of the legal system, with special reference to administrative and procedural law. 3. The interpretation of the law. 4. The principles of the criminal law: a) the harm principle; b) the principle of minimum intervention; c) the principle of means rea; d) the principle of humanity.
TOPIC 2
The principle of legality: a) the criminal law as a parliamentary law; b) legal definition of crimes and punishments. Prohibition of analogical interpretation; c) prohibition of retroactive application of the criminal law; d) Procedural guarantees.
TOPIC 3
1. Aims of criminal law; 2. Justification of punishment: a) retributivism; b) utilitarianism (general and specific deterrence); c) mixed theories
PART TWO
THE GENERAL PART OF THE CRIMINAL LAW
TOPIC 4
1. Concept and elements of crimes. 2. Classification of criminal offenses in the Spanish Penal Code. 3. The harm principle as an interpretation tool; 4: The legal definition of offences.
TOPIC 5
1. The intentional crimes: a) Concept and structure of the intentional element; b) Types of intention; c) Mistake with respect to the elements of the crime. 2. Involuntary crimes. A) Concept of negligence; b) Types of negligent crimes. 3. The crime of omission. a) Concept of omission; b) Types of omission.
TOPIC 6
1) Inchoate offences. 2) The crime of preparing a criminal offence: conspiracy, incitement and proposition; 3) The concept and elements of criminal attempt.
TOPIC 7
1. Principals and accomplices in criminal law.2. Concept of types of principals. 3 Concept and types of complicity.
TOPIC 8
1. Justification for crimes: a) Self-defence; b) Necessity; c) Legal rights and duties.
TOPIC 9
1. Excuses for crimes: a) Insanity; b) Intoxication; c) Sensorial malfunctions; d) Duress; e) Ignorance of the law. 2. Other legal causes that avoid conviction.
TOPIC 10
1. Aggravating and mitigating circumstances in criminal law: a) concept, types and effects in sentencing. 2. Multiple offenders: modalities and effects in sentencing.
PART THREE
LEGAL CONSEQUENCES OF CRIME
TOPIC 11
1. The sentencing system. 2. Concept and types of punishments; 3. Custodial sentences: imprisonment and home detention curfew; 4. Non-custodial sentences: a) disqualifications; b) Community service; c) Fines; 5. Back-up sanctions for fine default; 6. Prevention measures.
TOPIC 12
1. The sentencing process: legal constraints and discretion for courts and judges. 2. Civil liability as a consequence of a criminal act. 3. The extinction of criminal responsibility
Methodology
Students must participate in two types of activities:
- Lectures given by the professor, in which the theoretical contents of the course will be examined
- Seminars. Following the lectures, seminars will be devoted to work on each of the topics of the course through activities consisting of discussion on readings and case law.
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Activities
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Lectures | 18 | 0.72 | 2, 3, 5, 4, 7, 8, 1, 10, 9 |
| Seminars | 18 | 0.72 | 5, 7, 8, 1, 10 |
| Type: Autonomous | |||
| Individual work (reading of case law, elaboration of concepual maps) | 109 | 4.36 | 2, 3, 5, 4, 7, 6, 1, 10, 11, 9 |
Assessment
1. Continuous evaluation model
Classes start on time. Late arrival or early exit is not admitted, except with good cause.
Continuous evaluation will be carried out throughout the semester. This requires regular attendance at classes (80%) and the completion of the activities detailed below.
Continuous evaluation activities (50% of the final mark). There are 3 types of continuous evaluation activities:
- Three individual activities: 1 test of comprehension on the first three topics of the course (10% of the final mark) and 2 practical exercises (resolution of cases, 30% of the final mark, specifically 10% the first and 20% the second).
- Group work in the seminars: In each seminar, students will be asked to carry out activities such as case law search, analysis of courts’ ruling or elaboration of posters or conceptual maps. In order to prepare or to complete seminars’ activities, student may be asked to work before or after each seminar. With the purpose of enhancing the learning process, practical exercises on specific cases will also be proposed.
- Final overall test: multiple-choice test (50% of the final mark).
Students who fail to appear for even just one evaluation activity will be allowed to resit only for a justified cause.
2. Single evaluation
Students who opt for the single evaluation will be evaluated on the basis of 3 activities to be carried out in 2.5 hours on the same day scheduled for the final exam:
- A multiple-choice test (50% of the final mark). 1 h
- A comprehension test, consisting in answering some short questions on the first three topics of the course (10% % of the final mark). ½ h.
- Resolution of practical cases (40% % of the final mark). 1 h
Similar to other students who chose single the evaluation model will have right to teachers’ attention and support throughout the semester, according to the tutorial schedule.
3. Rules for passing the course and re-assessment
In order to pass the course, student will need to obtain a 5 as the minimum mark as an average of the different items of assessment, both in the continuous and in the final model of assessment. In case the grade is inferior to 5 he/she will have the opportunity to resit.
The minimum grade in the multiple-choice exam is 2/5. In case the student obtains an inferior grade, he/she will no need to resist the exam.
Cheating at any evaluation activity will imply a fail mark (0) and students will lose the right to a new assessment. Each case of plagiarism will be assessed. In the most serious cases, students will be given a fail mark (0) and will lose the right to resit.
Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Individual works | 40% | 3 | 0.12 | 2, 3, 7, 6, 1, 11, 9 |
| Work in group | 10% | 0 | 0 | 3, 5, 4, 7, 6, 8, 1, 10, 11, 9 |
| multiple choice exam | 50% | 2 | 0.08 | 1, 11 |
Bibliography
Students can choose one of these two handbooks
Muñoz Conde, F. y García Arán, Mercedes. (2022). Derecho penal. Parte general. Tirant Lo Blanch. Accesible on-line Biblioteca Tirant (UAB).
Quintero, G., Carbonell, J. C., Morales, F., García-Albero, R. y Álvarez, F. J. (Dirs.) (2018). Esquemas de teoría jurídica del delito y de la pena. Tirant lo Blanch.
Maqueda Abreu, María Luisa y Laurenzo Copello, Patricia. (2022). El derecho penal en casos: teoría y práctica. Tirant lo Blanch: Valencia.Accesible on-line Biblioteca Tirant (UAB).
Note: The specific material to prepare each of the topics will be facilitated through Moodle.
Software
Not required