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Criminal Law I 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

That the student is enabled to
- Define criminal law in a formal sense;
- Identify the location of criminal law in the legal system;
- Explain the joint science of criminal law;
- Describe the purposes and legitimation of the criminal penalty;
- Describe the basis, meaning and purpose of the criminal security measure;
- Develop the material concept of crime;
- Interpret the limits of criminal law;
- Identify the principle of legality of criminal intervention and analyze its consequences in the interpretation and integration of criminal law and in the scope of criminal law enforcement in time;
- Apply the spatial validity scope of the criminal law;
- Explain the construction of the doctrine of punishable fact, historical evolution and different conceptions.

Recommended Prerequisites

Constitutional Right; Fundamental Rights

Teaching Metodology

Lectures, critical discussion of themes, case law analysis and case studies.

Body of Work

PART I- FUNDAMENTAL ISSUES
Title I - Criminal law and its science in the state legal system. Chapter 1 Criminal law in the formal sense. Chapter 2 The location of criminal law in the legal system. Chapter 3 The joint science of criminal law.
Title II - The Role of Criminal Law. Chapter 4 Purposes and legitimation of the criminal penalty. Chapter 5 - Rationale, meaning and purpose of security measures. Chapter 6 Criminal behavior and its definition: the material concept of crime. Chapter 7 The limits of criminal law.
Title III - The criminal law and its application. Chapter 8 The principle of legality of criminal intervention. Application of criminal law in time. Chapter 9 The scope of spatial validity of criminal law.
PART II - GENERAL DOCTRINE OF CRIME. THE CONSTRUCTION OF THE DOCTRINE OF THE PUNISH FACTS. Key issues. Chapter 10 Historical evolution and different conceptions.

Recommended Bibliography

DIAS, Jorge de Figueiredo. Direito Penal - Parte Geral. Questões fundamentais. A doutrina geral do crime. Tomo I, Coimbra: Coimbra Editora, 2ª edição, 2ªreimpressão, 2012

Costa, José de Faria. Beccaria e o direito penal, Coimbra Editora, 2015

Silva, Germano Marque da. Direito penal português. Teoria do crime. Lisboa: U. Católica, 2015

www.dgsi.pt (jurispruência)
www.dre.pt (legislação)

Complementary Bibliography

BECCARIA, Cesare. Dos delitos e das penas, edição em português, tradução de Joeé de Faria Costa, Ed. Gulbenkian

SILVA, Germano Marques da Silva. Direito Penal I, Lisboa: Verbo, 2010

Weekly Planning

Theoretical classes

Week 1 Presentation.
Bibliographic and methodological indications.
Indications about the evaluation and functioning system of the classes.

Week 2
T: PART I - FUNDAMENTAL ISSUES
Title I - Criminal law and its science in the state legal sense
Chapter 1 - Criminal law in the formal sense. Exhibition classroom. Lectures and critical discussion.

Week 3
2º Chapter - The location of criminal law in the legal system. Lectures and critical discussion.

Week 4
Chapter 3 - The science of criminal law
I - From the 'encyclopaedia of criminal sciences' to 'joint science of criminal law'
II - Criminal legal dogma, criminal policy and criminology in the context of the joint science of criminal law. Lectures and critical discussion.

Week 5
Title II - The role of criminal law
4th Chapter - purpose and legitimation of the criminal penalty. The problem of penalties. The pen as an instrument of retribution - absolute theories.
The penalty as an instrument of general prevention and as a tool of special prevention - relative theories. Mixed or unifying theories.
Followed by a critical discussion of the topic and analysis of jurisprudence.

Week 6
Chapter 5 - Grounds, meaning and purposes of criminal security measures. Purposes and legitimacy of security measures. Predominant purpose and secondary purpose. The relationship of the pen with the security measure: the question of monism or dualism of the system. Followed by a critical discussion of the topic and analysis of jurisprudence.

Week 7
Chapter 6 - Criminal behavior and its definition: the material concept of crime. The positivist legalistic perspective; The sociological positivist perspective; The moral (ethical) -social perspective; The rational perspective: the function of subsidiary tutelage of juridical goods. Legal good, social system and legal-constitutional system. The jurisprudence of the TC. The criterion of the need or lack of criminal protection.
Exhibition classroom.

Week 8
Chapter 7 - The limits of criminal law.
The criminal law and right of mere social ordering. Criminal penalties and fines. From administrative criminal law to the right of mere social order - fundamentals, meaning of autonomization. The material autonomy of the illicit. The autonomy of the sanction.
Criminal law and disciplinary law: criminal penalties and disciplinary sanctions (measures).
Criminal law and procedural law: criminal penalties and sanctions (measures) of ordering or procedural compliance.
Criminal law and private law: criminal penalties and private penalties. Expository class, critical discussion of the topic and analysis of jurisprudence.

Week 9
Title III - Criminal law and its application
8th Chapter - The principle of legality of criminal intervention. Function, direction and limits. The plan of the scope. The source plane. The determinability of the legal type. The prohibition of analogy. Expository class, critical discussion of the topic and analysis of jurisprudence.

Week 10
Chapter 8 - The prohibition of retroactivity. The problem of the application of criminal law in time or the temporal validity of the criminal law. Determination of tempus delicti. The principle of more favorable law enforcement. The chances of decriminalization. The chances of mitigating the legal consequence. The intermediate laws. Your regime. The so-called temporary laws and legal regime.
Lecture and case study.

Week 11
9th Chapter - The scope of spatial validity of criminal law. Application of the criminal law in space and its constitutive principles. The basic principle of territoriality and complementary principles. Street reason to be and applicability. Determination of the locus delicti. General conditions of application of the Portuguese criminal law to facts practiced abroad. Lecture and case study.

Week 12
9th Chapter - International criminal law. Instruments of international criminal judicial cooperation. Extradition and the European arrest warrant. Lecture and case study.

Week 13
Part II - The General Doctrine of Crime
Title I - The construction of the doctrine of crime (of punishable offense)
10th Chapter - Fundamental Problems. Sense, method and structure of the conceptualization of the punishable fact. Historical evolution of the general doctrine of punishable fact. Lectures and critical discussion.

Week 14
10th Chapter - The classical conception (positivist-naturalist). The neo-classical (normativist) conception. The finalist conception (ontic-phenomenological).
Fundamentals of a teleological-functional and rational construction of the concept of punishable fact. Lectures and critical discussion.

Week 15
Recapitulation of the given matter.

Practical classes
Week 1
Opening of the Course.
Presentation of the discipline.
Presentation on the methodology to be followed.
Indication of the bibliography. Brief notion of criminal law in a formal sense. Criminal law and ius puniendi.

Week 2
Distinction between substantive criminal law, executive criminal law and criminal procedural law. Lecture exposition and critical discussion of the theme.

Week 3
The general part of criminal law and its components. Distinction of the special part of the Penal Code. Intra-state criminal law and international criminal law. Criminal law as part of public law. Autonomy and dependence on criminal law. Lecture exposition and critical discussion of the theme.

Week 4
The auxiliary sciences of criminal law. Lecture exposition and critical discussion of the theme.

Week 5
Purposes and legitimation of the criminal penalty. The ends of the feathers. Followed by a critical discussion of the topic and analysis of jurisprudence.

Week 6
Purposes and sense of criminal security measure.
Followed by a critical discussion of the topic and analysis of jurisprudence.

Week 7
The material concept of crime. Constitution and crime. Case Study.

Week 8
Distinction between criminal law and the unlawful of mere social ordering. Distinction between penalties and fines. Case Study.

Week 9
The principle of legality and its consequences. Case Study.

Week 10
The application of criminal law in time. Case studies and jurisprudence analysis.

Week 11
Temporary and emergency laws: legal regime. Case study and analysis of jursiprudência.

Week 12
Application of criminal law in space. Case Study.

Week 13
International judicial cooperation in criminal matters and extradition in particular. Case Study.

Week 14
Deepening of the matter concerning the application of criminal law in time and space. Case Study.

Week 15
Preparation for the written evaluation: clarification of the students' doubts.
















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

We have reached the goal of defining criminal law in the formal sense through the first chapter of the program; The identification of the location of criminal law in the legal system through the second chapter; The explanation of the joint science of criminal law in chapter 3; The description of the purposes and legitimation of the criminal penalty with the 4th chapter; The description of the ground, meaning and purpose of the criminal security measure in the fifth chapter; The development of the material concept of crime in the 6th chapter; The interpretation of the limits of criminal law through the 7th cap; The identification of the principle of legality of the criminal intervention and analysis of its consequences in the interpretation and integration of criminal law and in the scope of the application of criminal law in time through the 8th chapter; The application of the spatial validity scope of the criminal law in the 9th cap. And the explanation of the construction of the doct

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

We have reached the goal of defining criminal law in the formal sense through the expository method; The identification of the location of criminal law in the legal system through an expositva class and a critical discussion of the subject, the explanation of the joint science of criminal law through lectures and critical discussion of the subject; The description of the purposes and legitimation of the criminal penalty through lectures, followed by a critical discussion of the topic and analysis of jurisprudence; The description of the foundation, meaning and purposes of the criminal security measure through lectures, followed by a critical discussion of the topic and analysis of jurisprudence; The development of the material concept of crime through lectures; The interpretation of the limits of criminal law through lectures, critical discussion of the topic and analysis of jurisprudence; The identification of the principle of legality of the criminal intervention and analysis of its consequences in the interpretation and integration of the law through expository and case study; Construction of the doutine of the fact punishable by the expository method and critical discussion.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Cultural awarenessYes 
Ethical and responsible behaviourYesYes
Problem-solvingYesYes
Relating to others  
Research skillsYesYes
Understanding multiculturalism and valuing diversityYes 
Written and verbal communications skillsYesYes
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