Guia docente 2023_24 Facultade de Dereito

Contents

Topic	Sub-topic
INTRODUCTION	Lesson 1. Criminal law. Denomination. Objective criminal law. Formal concept of criminal law. Material concept of Criminal Law. Autonomy or accessority of criminal law. General part and special part of the criminal law. Lesson 2. The ius puniendi or punitive right (the so-called subjective criminal law). Rules and principles Lesson 3. Criminal legal science, criminal sciences and relations of criminal law with other branches of law. Lesson 4. Evolution of Criminal Science and Criminal Law. Lesson 5. The sources of criminal law. The principle of criminal legality. Other sources of criminal law. Lesson 6. Interpretation of the criminal law. Lesson 7. Temporal scope of the criminal law. Lesson 8. Spatial scope of the criminal law.
THE CRIME	Lesson 9. Concept of crime. The structure of the concept of crime: evolution. Legal concept of crime in the Spanish Law. Lesson 10. Actus reus: the conduct element. The voluntary act requirement, Lesson 11. Involuntary conduct or act. Corporate liability.
THE CRIME (ACT)	Lesson 12. Offences. Calsification of offences. Lesson 13. The unlawfulness. The legal good. Lesson 14. Actus reus theory. Lesson 15. Causation. The general principle. Interventions between conduct and result. Causal minimalism. Reasonable foreseeability. Lesson 16. Mens rea. The mental element. Intent. Distinguishing indirect intention and direct intention. Recklessness. Subjetive and objective forms of recklessness and inadvertence. An insufficient regard for the interest of others. Practical indifference. Lesson 17. Mistaken object and others. Ignorance or mistake of law Lesson 18. Negligence. Gross negligence. Lesson 19. Distinguishing between intention, recklessness and negligence. Combination. Lesson 20. Excuses and other defences. Lesson 21. Justificatory defences Lesson 22. Self-defence and justifiable force. Self-defence and individual autonomy. The problem of clonflicting rights. The rules and the principles. The proportionality standard. Aspects of the necessity requirement. Lesson 23. Necessity as a justification. The choice of evils. Lesson 24. Fortuitous case. Risk allowed General legal illegibility. Lesson 25. The fulfillment of a duty and the legitimate exercise of a right, trade or position. The question of due obedience. The consent. Lesson 26. Culpability. Criminal capacity. Agency, capacity and mental disorder. The minimum age of criminal responsability. Unfitness to stand trial. The special verdict of insanity. Intoxication. Voluntary and non-voluntary intoxication. Alcoholism and drig dependency. Lesson 27. Ignorance or mistake of law. Reasonable mistake and putative defences. Non-justificatoy defences. The recognition of exculpatory doctrines. Lesson 28. Punishability. Objective conditions of punishability. Personal causes of exclusion of punishability and of excuses excuses or causes of suppression or remission of punishability.
OMISSION	Lesson 29. Omission. Distinction between acts and omissions. Should the criminal law punish omissions?.
INCHOATE OFFENCES AND COMPLICITY	Lesson 30. The law on inchoate offences. Attempt. Conspiracy. Incitement and Encouraging crime. Lesson 31. The law of complicity. Principals and accomplies. General theories of accessorial liability. Lesson 32. The law of complicity. Accomplices. Aiding. Abetting. Counselling. Procuring. Lesson 33. Unity and plurality of crimes. The contest of laws: rules. The crime contest. Permanent crime and habit crime. Crime continued.
CIRCUMSTANCES	Lesson 34. Generic circumstances. Theory of the crime or the determination of the penalty. Various legislative systems. Lesson 35. Mitigating circumstances. Incomplete exemptions.
CONSEQUENCES	Lesson 36. The system of penalties in Spanish criminal law. Prison. Lesson 37. Deprivation of rights. The penalty of fine. Common provisions on penalties, their classes and effects. Lesson 38. Application and determination of penalties. Lesson 39. Security measures. The accessory consequences. Lesson 40. Extinction of criminal responsibility. Lesson 41. Civil liability derived from crimes and offenses.