Class Penal Law II

  • Presentation


    This curricular unit is presented as a continuation of Criminal Law I and is therefore equally fundamental

  • Code


  • Syllabus


    Wrong Conduct (The Guilt): Approach to a Notion of Guilt; Fundamental Problems of the Doctrine of Guilt; Guilt and Ends of Feathers; The Dogmatic Structure of Guilt; The "Conduct" is attributable; The Dolosa and Neglectful Conduits; The Dolo; The Neglect; Combinations of Dolo and Neglect; The Problem of Error; The Causes of Exclusion from Guilt. The Omissive Conduct (The Omission): The Nature of the Omission; Distinction between Acting and Omitting; Structure of Crimes of Omission; Specificities of the Commissive type by default. Tentative Conduct (The Attempt): Fundamental Structure; The Elements of the Legal Type of Attempted Crime; Punctuation of the Tempted Fact; The Impossible or Ineffective Attempt; Relevance of Withdrawal. Conduct in reimbursement (The Criminal Contrition): Essential Aspects. The conduct in contest (The Competition of Norms and the Contest of Crimes). 

  • Objectives


    Objectives: To pursue the studies initiated in Criminal Law I. Within this measure, they concern the acquisition of precise knowledge on the remaining points that make up the general doctrine of criminal offense. Empower students with the skills to understand the dogmatic and essential categories of criminal law, to prepare for the application of the knowledge acquired in their professional life, and to provide them with consistent training, raising their critical and analytical skills in these fields of education. right. Students should thus be able to identify and characterize conduct as guilty or not guilty; as willful or negligent. They should be able to distinguish situations of pure omission from those of impure omission. They should also be able to identify and characterize the special forms of crime, namely by recognizing the attempt in criminal law, whether or not it is punishable; as well as perceive all other forms of crime appearance.

  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    The teaching will have a strong theoretical component, aided by practical classes, both in the classroom and abroad, namely by following the students to some institutions related to the application and enforcement of criminal law, such as the Courts and Prison Establishments. Students will be encouraged to independently and critically investigate some institutes of criminal law, through the analysis and study of doctrinal and jurisprudential articles, in connection, as far as possible, with ongoing criminal proceedings.


    Continuous evaluation will have at least 1 written test.


    Notwithstanding this, the (optional) participation of the Students, as listeners, in an event (colloquium, seminar, conference, etc.) promoted by Faculty of Law of the Universidade Lusófona, 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


    José de Faria Costa, Direito Penal, Imprensa Nacional-Casa da Moeda, 2017.

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