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Criminal Law Procedure and Administrative Penalties 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

That the student be entitled to
- Define the concept of criminal law;
- Identify the criminal penalties and the problem of the ends of sentences;
- Apply the principles of application of criminal law in time and space;
- Recognize the forms of crime;
- Identify the exclusion causes of illegality
- Develop the right of offenses, distinguish this criminal law and interpret the general regime of administrative offenses;
- Set the criminal procedural law;
- Identify the basic principles of criminal proceedings;
- Apply the scope of temporal and spatial validity of the criminal procedural law;
- Explain the procedural subjects;
- Identify the object of criminal proceedings;
- Describe the enforcement measures.

Recommended Prerequisites

Introduction to Law and Constitutional Law.

Teaching Metodology

Expository method, critical discussion of the issues, case studies and analysis of jurisprudence.

Body of Work

PART I
CRIMINAL LAW
CHAPTER I - CRIMINAL LAW CONCEPT
CHAPTER II - CRIMINAL PENALTIES. THE PROBLEM OF THE PURPOSES OF FEATHERS
CHAPTER III - GENERAL PRINCIPLES OF THE CRIMINAL LAW ENFORCEMENT IN TIME AND SPACE
CHAPTER IV - THE FORMS OF CRIME
CHAPTER V - EXCLUSION OF CAUSES OF ILLEGALITY
PART II
RULES OF OFFENSES
CHAPTER I - THE ILLICIT AND SANCTIONS
CHAPTER II - AUTONOMY OF CRIMINAL OFFENCES
CHAPTER III - GENERAL RULES OF OFFENSES - THE GENERAL PART AND THE PROCEDURE
PART III
CRIMINAL PROCEDURE LAW
CHAPTER I - THE CONCEPT OF CRIMINAL PROCEDURE. THE FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURE
CHAPTER II - PROCEDURAL CRIMINAL LAW AND ITS APPLICATION IN TIME AND SPACE
CHAPTER III THE SUBJECT OF THE PROCESS
CHAPTER IV - THE OBJECT OF THE PROCESS
CHAPTER V - THE DURESS OF MEASURES

Recommended Bibliography

SILVA, GERMANO MARQUES DA, DIREITO PROCESSUAL PENAL PORTUGUÊS – NOÇÕES GERAIS – SUJEITOS PROCESSUAIS E OBJECTO, Universidade Católica Editora, 2013.

SILVA, GERMANO MARQUES DA, DIREITO PENAL PORTUGUÊS – TEORIA DO CRIME, Universidade Catolica Editora, 2015

Regime geral das contraordenações

Complementary Bibliography

ANDRADE, MANUEL DA COSTA (COORD.), DIREITOS DE PERSONALIDADE E SUA TUTELA, Rei dos Livros / Universidade Portucalense, 2013.

SILVA, GERMANO MARQUES DA, CURSO DE PROCESSO PENAL I –NOÇÕES GERAIS, ELEMENTOS DO PROCESSO PENAL, Verbo, 2010.

VALENTE, MANUEL MONTEIRO GUEDES / SILVA, GERMANO MARQUES DA (COORD.), VOLUME COMEMORATIVO 20 ANOS – INSTITUTO SUPERIOR DE CIÊNCIAS POLICIAIS E SEGURANÇA, Almedina, 2005.

VALENTE, MANUEL MONTEIRO GUEDES, SEGURANÇA – UM TÓPICO JURÍDICO EM RECONSTRUÇÃO, Âncora Editora, 2013.

Webgrafia:
Direcção-Geral da Administração da Justiça - http://www.dgaj.mj.pt/DGAJ/sections/home
Ministério da Justiça - Instituto das Tecnologias de Informação na Justiça - Bases Jurídico-Documentais -
http://www.dgsi.pt/
Diário da República Electrónico

Weekly Planning

Theoretical and Practical class

Week 1 - Theoretical and Practical class
Part I- PROGRAM PRESENTATION AND OBJECTIVES TO BE ACHIEVED IN THE COURSE UNIT. STATEMENT OF THE METHODS USED. RECOMMENDATIONS LITERATURE. REFERENCE OF THE EVALUATION.


Week 2 - Theoretical and Practical class
PART I - CRIMINAL LAW
CHAPTER I - CRIMINAL LAW CONCEPT
CLASS EXPOSITIVE.

Week 3 - Theoretical and Practical class
CHAPTER II - CRIMINAL PENALTIES. THE PROBLEM OF THE PURPOSES OF FEATHERS.
LECTURE AND DISCUSSION THEME EXPOSITIVE CRITICAL.

4th week - Theoretical and practical lesson
CHAPTER III - GENERAL PRINCIPLES OF THE CRIMINAL LAW ENFORCEMENT IN TIME AND SPACE.
CLASS EXPOSITIVE COMPLEMENTED BY CASE LAW REVIEW AND CASE STUDIES

5th week - Theoretical and practical lesson
CHAPTER IV - THE FORMS OF CRIME
EXPOSITIVE LESSON AND CASE STUDIES

6th week - Theoretical and practical lesson
CHAPTER V - EXCLUSION OF CAUSES OF ILLEGALITY.
CLASS EXPOSITIVE COMPLEMENTED BY CASE LAW REVIEW AND CASE STUDIES

7th week - Theoretical and practical lesson
PART II
OFFENSES RIGHT
CHAPTER I - THE ILLICIT AND SANCTIONS
CHAPTER II - AUTONOMY OF CRIMINAL OFFENCES
EXPOSITIVE LESSON AND CASE STUDIES

8th week - Theoretical and practical lesson
CHAPTER III - GENERAL RULES OF offenses - the general part and the procedure
EXPOSITIVE LESSON AND CASE STUDIES

9th week - Theoretical and practical lesson
GENERAL RULES OF OFFENSES - THE GENERAL PART AND THE PROCEDURE - Conclusion.
EXPOSITIVE LESSON AND CASE STUDIES

10th week - Theoretical and practical lesson
PART III
CRIMINAL PROCEDURE LAW
CHAPTER I - THE CONCEPT OF CRIMINAL PROCEDURE. THE FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURE
EXPOSITIVE LESSON AND CASE STUDIES

11th week - Theoretical and practical lesson
CHAPTER II - PROCEDURAL CRIMINAL LAW AND ITS APPLICATION IN TIME AND SPACE
EXPOSITIVE CLASS AND ANALYSIS OF JURISPRUDENCE

12th week - Theoretical and practical lesson
CHAPTER III THE SUBJECT OF THE PROCESS
EXPOSITIVE LESSON AND CASE STUDIES

13th week - Theoretical and practical lesson
CHAPTER IV - THE OBJECT OF THE PROCESS
LECTURE AND DISCUSSION THEME EXPOSITIVE CRITICISM

14th week - Theoretical and practical lesson
CHAPTER V - THE DURESS OF MEASURES
CLASS EXPOSITIVE, CASE STUDIES AND ANALYSIS JURSIPRUDÊNCIA

15th week - Theoretical and practical lesson
QUESTIONS OF CLARIFICATION OF STUDENTS AND PREPARATION FOR ASSESSMENT TEST.

Demonstration of the syllabus coherence with the curricular unit's objectives

The student will be able to define the concept of criminal law by lecionação Part I, ch. I; identify the problem of the ends of sentences under the cap. II; apply the principles of apl. the criminal law because of the cap. III; recognize forms of crime through the cap. IV; identify the exclusin of causes of illegality through the cap.V, develop the right of offenses, distinguish this criminal law and interpret the general regime of administrative offenses by Part II, ch. I, II and III; set the right proc. criminal by Part III, ch. I; identify the fundamental principles of proc. criminal through the cap. I; apply the scope of spatial and temporal validity of proc law. criminal under the cap. II; explain the procedural subject and the object of the proc. through the cap. III and IV describe the enforcement measures by the cap. V of Part III.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

We achieved the goal of defining the concept of criminal law through lecture; the identification of criminal penalties and the problem of the ends of sentences through lecture and topic of critical discussion; the principles of criminal law in time and space through lecture, case analysis and case studies; the recognition of the crime forms through lecture and case studies; the identification of the exclusion causes of illegality and the grounds for exclusion of guilt through lecture, case analysis and case studies; the development of the law of administrative offenses through lecture; the distinction between the right misdemeanor and criminal law through lecture and case studies; the interpretation of the general system of administrative offenses through lecture and case studies; the definition of criminal procedural law through lecture; the identification of the fundamental principles of criminal procedure through lecture and case studies; the application of the scope of criminal procedural law in time and space through lecture and case analysis; the explanation of the procedural subjects through lecture and case studies; the process object of the explanation through lecture and critical discussion; the description of coercion will be achieved through lecture, case study and case analysis.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem-solvingYesYes
Research skillsYesYes
Written and verbal communications skillsYesYes
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