Checking date: 25/04/2024


Course: 2024/2025

Advanced Studies of the Crime’s Legal Theory
(17204)
Master in Criminal and Criminal Procedural Law - Blended (Plan: 501 - Estudio: 275)
EPD


Coordinating teacher: CARRETERO SANJUAN, MARÍA TERESA

Department assigned to the subject: Criminal Law, Procedural Law and History Law Department

Type: Compulsory
ECTS Credits: 3.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
Degree in Law. Criminal Law. General Part.
Objectives
In terms of learning outcomes, at the end of the course, students should: - Have an in-depth knowledge of the structure of the theory of crime. - Have studied in depth the main theoretical and practical problems posed by the General Part of Criminal Law. - Know how to correctly interpret the legal norms in force that regulate the conditions for the prohibition of conduct under threat of punishment, as well as those that include the general and specific characteristics of the crime. - Be able to solve solvently the theoretical-general problems that arise in the analysis of any criminal act. - Have developed sufficient critical capacity to analyse criminal repression as a way of organising coexistence in a social and democratic State under the rule of law.
Skills and learning outcomes
Description of contents: programme
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.
Learning activities and methodology
The training and study activities will be structured as follows: - Theoretical content will be explained and discussed in online sessions with the teaching team. - There will be an in-depth debate on some of the points of the syllabus in the course forum. - The analysis and discussion of practical cases related to some of the general institutions of Criminal Law will be encouraged. - Students will be encouraged to carry out readings and individual work, with the support of expert teachers in the subject. The tutorials will be held online on the day and time set by the teachers of the subject. They will focus on resolving doubts about the contents of the subject and on deepening those aspects that the students require and request.
Assessment System
  • % end-of-term-examination 40
  • % of continuous assessment (assigments, laboratory, practicals...) 60
Calendar of Continuous assessment
Basic Bibliography
  • David Ormerod & Karl Laird . Criminal Law. Oxford University Press. Latest edition
  • H.L.A. Hart. Punishment and Responsibility: Essays in the Philosophy of Law. Oxford University Press. Latest edition
  • Jonathan Herring. Criminal Law. Text, Cases, and Materials.. Oxford University Press. Latest edition
  • Joshua Dressler. Understanding Criminal Law. Carolina Academic Press,. Latest edition
  • Steven I. Friedland, Catherine Carpenter, Kami N. Chavis & Catherine Arcabascio. Criminal Law: A Context and Practice Casebook. Carolina Academic Press. Latest edition

The course syllabus may change due academic events or other reasons.