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Class Penal Law II

  • Presentation

    Presentation

    A true "total (integral) science of criminal law" must bring together, in a coherent whole, the knowledge of criminology, criminal policy and Criminal Law. The latter, as a branch of the legal system, continues to be the normative field that reflects, limits and challenges the contributions of criminology and criminal policy, with the dogmatic analysis of the difficult balance between the need to protect the rights of the individual against harmful behaviors of others and the need to guarantee the latter against the abuse of state power. 

  • Code

    Code

    ULHT6358-2243
  • Syllabus

    Syllabus

    PART I - THE GENERAL DOCTRINE OF THE COMMISSIVE NEGLIGENT CRIME AND OF THE
    OMISSIVE CRIME 
    1. The commissive negligent crime
     1.1. Introduction to the problem of negligence
     1.2. The general doctrine of criminal negligence 
     1.3. Negligence and crimes aggravated by events 
    2. The omissive crimes 
     2.1. Introduction to the problem of omission I
     2.2. The general doctrine on crimes of omission
    PART II - SPECIAL FORMS OF CRIME
    1. Introduction to the problem of special forms of crime 
    2. The concrete special forms of crime
     2.1. Criminal attempt
     2.2. Complicity
     2.3. Multiple crimes by the same agent

  • Objectives

    Objectives

    To provide students with the essential frameworks of the subject, including the theoretical foundations and of the various institutes and, as well, the detailed analysis of Portuguese positive law. The combination of theoretical and practical classes is intended to result in a complete and harmonious training of students with a view to their future insertion in professional careers. In line with the respective programme, it is an essential subject for the training of any criminologist, seeking to provide the necessary skills, both in terms of the theoretical-dogmatic and criminal-policy frameworks, as in the practical-jurisprudential aspect. 

  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    Criminal Law II 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 theoretical classes, the practical classes also include the careful application of this knowledge to the resolution of concrete cases.

     

    Type of evaluation: continuous assessment with final written test. Terms of frequency: in accordance with internal regulations (minimum 70%),

     

    Notwithstanding this, the (optional) participation of the Students, as listeners, in an event (colloquium, seminar, conference, etc.) promoted by Faculty of Law of the ULusófona, provided that it is accompanied by the delivery of a short written report, will be valued up to a limit of 5% of the total classification.

  • References

    References

    José de Faria Costa, Direito Penal, Lisboa: Imprensa Nacional, 2017.

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