Criminal Law I

Code:

C104

Acronym:

DIRP I

Keywords
Classification	Keyword
OFICIAL	Law

Instance: 2006/2007 - 1S

Active?	Yes
Course/CS Responsible:	Criminology

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
C	40	Oficial Study Plan LC	1	-	6	-

Objectives

General understanding of Criminal Law and doctrine of crime

Program

PART I – INTRODUCTION TO CRIMINAL LAW
SECTION I
The meaning and functions of criminal law
UNIT I: THE FORMAL DEFINITION OF CRIMINAL LAW
UNIT II: THE CONCRETE MEANING OF CRIMINAL LAW: SAFEGUARDING THE CONDITIONS REQUIRED FOR COMMUNITY LIVING AND THE FREE REALISATION OF THE INDIVIDUAL.
SECTION II
Criminal Law and its application
UNIT I: THE PRINCIPLE OF LEGALITY IN CRIMINAL LAW.
UNIT II: THE INTERPRETATION OF CRIMINAL LAW AND THE COMPLETION OF LACUNA
UNIT III: THE APPLICATION OF CERIMINAL LAW IN TIME.
UNIT IV: THE APPLICATION OF CRIMINAL LAW IN SPACE. INTERNATIONAL CRIMINAL LAW AND THE INTERNATIIONAL RIGHT TO LAW. COOPERATION IN CTRIMINAL LAW, THE EFFECTIVITY OF FOREIGN CRIMINAL SENTENCING AND THE TRANSFER OF CRIMINAL CASES.
UNIT V: THE APPLICATION OF CRIMINAL LAW TO INDIVIDUALS

SECTION III
The historical development of Criminal Law
UNIT I: MAJOR CYCLES IN THE HISTORICAL DEVELOPMENT OF CRIMINAL LAW
UNIT II: THE DEVELOPMENT OF PORTUGUESE CRIMINAL LAW

PART II – THE GENERAL DOCTRINE OF CRIME
SECTION I
The methodological significance of the general doctrine of crime.
Major dogmatic constructs of our century.
UNIT I: INTRODUCTION TO THE PROBLEM.
UNIT II: MAJOR GENERAL CONSTRUCTS ON CRIME.

SECTION II
Malicious crimes
UNIT I: THE DOGMATIC CONCEPT OF THE ACT
UNIT II: “TYPES OF OFFENCE” OR “TYPICAL OFFENCES”
UNIT III: GUILT

SECTION III
Negligence as a crime
UNIT I: INTRODUCTION TO THE PROBLEM OF NEGLIGENCE
UNIT II: THE GENERAL DOCTRINE OF CRIMINAL NEGLIGENCE
UNIT III: NegligENCE AND CRIME AGGRAVATED BY EVENTS

SECTION IV
Crime by omission
UNIT I: INTRODUCTION TO THE PROBLEM OF OMISSION
UNIT II: THE GENERAL DOCTRINE ON CRIMES OF OMMISSION

PART III – SPECIAL FORMS OF CRIME
UNIT I: INTRODUCTION TO THE PROBLEM
UNIT II: THE PARTICULAR CONCRETE FORMS OF CRIME

Main Bibliography

CORREIA, Eduardo - Direito Criminal I e II, Coimbra, 1971
DIAS, J. Figueiredo - Direito Penal (copied), Coimbra, 1975
DIAS, J. Figueiredo - Direito Penal (copied), Coimbra, 1976
DIAS, J. Figueiredo - M. Costa Andrade, Direito Penal (being printed), Coimbra, 1996
DIAS, J. Figueiredo - Direito Penal, parte geral, Tome I, Questões fundamentais. A doutrina geral do crime, Coimbra, 2004
Jornadas de direito criminal. O novo Código Penal Português e Legislação Complementar, Fase I, C.E.J, Lisbon, 1983
STRATENWERTH, G. - Derecho Penal, general part I (trans. of 1976 2nd. German Ed. by Gladys Romero), Madrid, 1982
JESCHECK, H.H. - Tratado de Derecho Penal, general part (trans. of 1988 4th. German Ed. by J.L. Manzanares Samaniego), Granada, 1993

Teaching methods and learning activities

The Criminal Law I course includes both theoretical and practical classes. In terms of the programme outlined below, the former are designed to provide students with essential frameworks for the material, including the fundamental theories and dogmas of the various institutions and also a detailed analysis of Portuguese Positive Law.
In addition to revising and clarifying the material presented in the theory classes, the practical classes, for their part, also include the careful application of this knowledge to the resolution of concrete cases. From this combination of theory and practice, it is intended that the students will receive a full and balanced training which takes into account their various future legal careers.

Evaluation Type

Evaluation with final exam

Eligibility for exams

See general rules.

Calculation formula of final grade

See general rules.

Special assessment (TE, DA, ...)

In accordance with general law and internal regulations.

Classification improvement

See general rules.