The content of the subject is organised around the main problems associated with each of the categories of crime. Each category includes the main debates and theoretical and practical difficulties that can be included in it, always with the aim of preparing students for the solution of any legal-criminal problem from the perspective of the Theory of Crime. Thus, the programme deals with, among others, problems relating to objective imputation, the objective and subjective elements of the type, legitimate defence, state of necessity, unimputability, error of prohibition and the inexigibility of different conduct.
Topics:
§1. General guidelines of the Legal Theory of Crime.
§2. Action. Causes for the absence of action.
§3. Typicality.
- Objective type. Relationship of causality and objective imputation.
- Subjective type.
- Type error.
§4. Antijuridicity. Causes of justification.
- Elements of the causes of justification.
- Error in the factual assumptions of a cause of justification.
- Justification and exculpation.
- Effects of the causes of justification.
§5. Culpability.
- Principle of guilt.
- Elements of criminal culpability.
- Culpability and legal consequences of the crime.
§6. Crimes of omission.
§7. Perpetrators and participants.
This subject is fully aligned with the Sustainable Development Goals, mainly related to Goal 4 on gender equality, Goal 16 on Peace, Justice and Strong Institutions.