Criminal Law III

Code:

D303 III

Acronym:

DP III

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2007/2008 - 2S

Active?	Yes
Course/CS Responsible:	Law

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
D	10	Official Study Plan - LD	3	-	6	-
LDB	276	Oficial Study Plan LD	3	-	6	-

Teaching language

Portuguese

Objectives

The course in Criminal Law III includes both theorical and practical classes. In keeping with the programme described below, the theorical classes are designed to provide students with the essential framework of the material, including the theoretical and dogmatic foundations of the various institutes, and to provide a detailed analysis of Portuguese law.
In addition to revision and clarification of material taught in theoretical classes, the practical ones are designed to allow careful application of knowledge to solve specific cases. It is hoped that the combination of theoretical and practical classes will provide the students with a complete and harmonious training to help them in their future legal careers.

Program

LEGAL CONSEQUENCES OF CRIME

TITLE I
INTRODUCTION
1. Meaning of criminal sanctions and how they work. Brief historical background. The major current doctrines.
2. Penalties and security measures. The monist and dualist systems of criminal reactions.
3. Fundamental principles of a criminal policy according to the rule of law model.

TITLE II - PENALTIES
CHAPTER I - DOGMATIC CATEGORISATION
CHAPTER II - MAIN PENALTIES
CHAPTER III – ACCESSORY PENALTIES, THE EFFECTS OF THE PENALTIES AND THE CRIMES' EFFECTS
CHAPTER IV – DETERMINING THE MEASURE OF THE PRISON PENALTY
CHAPTER V – SPECIAL CASES IN DETERMINING PENALTIES
CHAPTER VI – CHOICE OF PENALTY — THE PROBLEM OF ALTERNATIVE PENALTIES
CHAPTER VII - BRIEF ANALYSIS OF THE «RESTORATIVE JUSTICE MOVEMENT», SPECIALLY THE MEDIATION IN PENAL MATTERS AND THE CRIMINAL NATURE OF THE «STIPULATIONS» ARISING FROM «MEDIATION AGREEMENTS»

TITLE III - SECURITY MEASURES
CHAPTER I – GENERAL CHARACTERISATION OF THE PORTUGUESE SYSTEM
CHAPTER II - BRIEF REFERENCE TO THE SECURITY MEASURES REFERRED TO IN THE PORTUGUESE PENAL CODE

TITLE IV - INSTITUTES OF A SPECIAL NATURE
CHAPTER I - PAROLE
CHAPTER II – RELATIVELY INDETERMINED PENALTY

TITLE V - ENTITLEMENT TO CLEMENCY, REHABILITATION AND CRIMINAL RECORD

TITLE VI -COMPLAINT, SPECIFIC CHARGES AND PRESCRIPTION

Mandatory literature

Dias Jorge de Figueiredo; Direito penal português
Rodrigues Anabela Miranda; A^determinação da medida da pena privativa de liberdade. ISBN: 972-32-0693-5
Antunes Maria João; Medida de segurança de internamento e facto de inimputável de anomalia psíquica. ISBN: 972-32-1140-8
Roxin Claus; Derecho penal. ISBN: 84-470-0960-2
Antunes Maria João; O^internamento de imputáveis em estabelecimentos destinados a inimputáveis. ISBN: 972-32-0631-5

Teaching methods and learning activities

Theoretical classes: Exposition of the contents of the discipline, use of case-studies.
Practical classes: The students have to solve practical exercises (invented and collected from real trialed cases).

Evaluation Type

Evaluation with final exam

Assessment Components

Description	Type	Time (hours)	Weight (%)	End date
Subject Classes	Participação presencial	60,00
	Total:	-	0,00

Eligibility for exams

The marks the student must get have to be equal or higher than 10, in a scale of [0/20] in one of the following cases:
a) Written final examination;
d) Oral final examination.

Calculation formula of final grade

Are the marks obtained in the examinations referred in “Frequency Attaining” a) or b).

Examinations or Special Assignments

None.

Special assessment (TE, DA, ...)

General Law and rules enforced in the Faculty of Law of the Univeristy of Porto.

Classification improvement

It is obtained by doing a written or an oral examination.