Analysis of the "crime" concept in Criminal law. Study of the elements of which it is made up, both essential and accidental. The link between theory of crime and the theory of punishment. Applying the theory of crime to the study of the offences described in criminal law.



This subject course continues from Criminal Law I and precedes Criminal Law III, and together with them covers comprehensive knowledge of the field of Criminal Law. It must be based on the knowledge gained from completing Criminal Law I. A basic course to prepare for numerous professions linked to the legal sphere, especially those of lawyer, the judiciary, prosecutors, justice system employees, the staff of penitentiary institutions and administrative staff in specific fields.

• Transversal competencies:



Acquisition of theoretical concepts

Practical learning

Learning expression and reasoning



• General competencies in the degree profile:



Legal-theoretical learning

Legal-practical learning



• Subject-specific competencies:



Analysing and explaining criminal law as a tool for social control

Analysing and explaining criminal law as a strictly legal tool

Being familiar with and interpreting what defines a criminal offence: the theory of crime

Distinguishing and interpreting defining features of a crime

Practical resolution of criminal cases



• Objectives:



Identifying and being familiar with the concept of crime, its historical development and its significance today

Being familiar with how the Spanish criminal system approaches the concept of crime and reflects this in its regulations

Being familiar with the different kinds of crime that make up Spanish criminal law

Definition of criminal law as a tool for social control, i.e. as an element with functions and purposes in the social fabric, and how this transfers to the concept of crime

Understanding the function and concept of criminal law from a strictly legal standpoint and how this transfers to the concept of crime

Identification of the abstract-theoretical elements defining any crime and understanding the link between them

Being familiar with the contents of any element of crime

Being familiar with their materialisation in criminal legislation

Being familiar with the grounds excluding them and the importance of appreciating them

Being aware of how they are dealt with in courts of law

• Lesson 1: Concept of crime: Introduction - Concept - Historical-dogmatic evolution of the concept of crime - Concept of crime in Spanish Criminal Law - Classification of offenses in the Criminal Code

• Lesson 2: Human behavior: Concept: theories.- Active behavior and passive behavior.- Active subject: legal persons.- Passive subject: the victim.- Time and place.- Causes of exclusion: the "actio libera in causa".

• Lesson 3: Antijuridicity: Formal and material antijuridicity - Objective and subjective antijuridicity - Essence of the criminal-legal rule: rule of valuation or determination - Disvalue of action and disvalue of result - Antijuridicity and criminal offence.

• Lesson 4: Imputation: Historical formation - Functions of unjustness - Elements and structure - Groups of criminal offence - The intentional crimes of commission: Objective: action and result, causality and objective imputation; subjects. Subjective: subjective elements of the unjust -

• Lesson 5: The type of the unjust in crimes of reckless commission: Recklessness and its types; structure of the reckless type; scope of application.

• Lesson 6: The type of the unjust in the crimes of omission: Concept, classes and general problems of the crimes of omission - Structure - Reckless crimes of omission.

• Lesson 7: Types of imperfect performance: Types of authorship and participation.

• Lesson 8: Causes and criteria of exclusion of the typical imputation. The exclusion of unlawfulness: The justification of the typical actions - Fulfillment of a duty, legitimate exercise of a right, office or position - Consent - Self-defense - State of necessity.

• Lesson 9: Guilt (individual imputation) -Imputability- Causes of unimputability - Knowledge of the unlawfulness: The error of prohibition. Causes of exculpation

• Lesson 10: Punishability: Objective conditions of punishability - Excuses for acquittal - Personal immunities.

• Lesson 11: Circumstances of the crime: Concept and nature.- Classes and effects.- Attenuating circumstances.- Aggravating circumstances.- Mixed circumstances.

• Lesson 12: Unity and plurality of punishable acts: The unity of action: The continuous crime and the so-called "mass passive subject" crime: The concurrence of crimes: ideal concurrence, real concurrence.

• Lesson 13: Particular regimes of criminal liability: Criminal liability of legal persons - Criminal liability of minors.

Explanation of the different thematic units following the Program and from the study outlines corresponding to each one of them.



Presentation and resolution of practical cases, with written and oral presentations by the students and evaluation of both the written work and the oral presentation.



Delivery and commentary of self-evaluation questions.



Continuous evaluation of the knowledge acquired from questions asked during the explanations, to be answered orally and/or in writing by the students

• Final Assessment System
• Tools and qualification percentages:
  • Realization of Practical Work (exercises, cases or problems) (%): 30
  • Final exam (%): 70

A. Continuous evaluation system:



There are two options, at the choice of the teaching staff of each Group.

a) Only theoretical final exam in the case that the practical part has been released through the weekly practices.

b) Theoretical and practical exams.



If the grade obtained in the theoretical part is lower than 5 points out of 10, or a third of the questions are failed with a grade of 2.5 out of 10 or lower, NO AVERAGE WILL BE MADE with the practical exam. In such a case, the grade that will appear in GAUR will be the grade corresponding to the theoretical exam.



B. Final evaluation system (if there are causes that justify the non-attendance to the practical classes according to the regulations):



It will consist of a theoretical and a practical part. If the grade obtained in the theoretical part is lower than 5 points out of 10, or a third of the questions are failed with a grade of 2.5 out of 10 or lower, NO AVERAGE WILL BE MADE with the practical exam. In this case, the grade that will appear in GAUR will be the grade corresponding to the theoretical exam.



Regulations governing Student Evaluation in official undergraduate degrees (Art. 12.2)

In the case of continuous evaluation, if the percentage of the test is higher than 40% of the grade of the subject, it will be enough not to take the final test for the final grade to be no-show or no-show. Otherwise, if the percentage of the final exam is equal to or less than 40% of the grade for the subject, the student may waive the final exam within a period of at least one month before the end of the teaching period of the corresponding subject. This waiver must be submitted in writing to the faculty member responsible for the course.



The protocol on academic ethics and prevention of dishonest or fraudulent practices in

evaluation tests and academic work at the UPV/EHU is also applicable.

The grade derived from the attendance to class with the delivery of the practical cases will be kept.



The final evaluation criteria are the same as as in the regular call

Updated Penal Code an regulation. Jurisprudence.

Basic bibliography

• Mir Puig, Santiago: Derecho Penal. Parte General, 10ª edición, Edit. Reppertor, Barcelona, 2015.



• Muñoz Conde, Francisco /GARCÍA ARÁN, Mercedes. Derecho Penal. Parte General, 9ª edición, ed. Edit. Tirant lo Blanch. Valencia, 2022.



• Díez Ripollés, Derecho penal español. Parte general, 5ª ed. revisada, Tirant lo Blanch, Valencia 2020.

In-depth bibliography

• CUELLO CONTRERAS, J. / MAPELLI CAFFARENA, B., Curso de Derecho Penal. Parte General, 4 º ed. Tecnos, Madrid, 2022.

• ORTS BERENGUER, E. /GONZÁLEZ CUSSAC, J.L., Compendio de Derecho penal. Parte General, 9 ª ed., Tirant lo Blanch, Valencia, 2022.

• QUINTERO OLIVARES, G., MORALES PRATS, F., Parte General del Derecho Penal, 5 ª ed., Aranzadi, Pamplona, 2015.

• ZUGALDÍA ESPINAR, J.M. (dir.), Lecciones de Derecho Penal Parte General, 6ª ed., Tirant, Valencia, 2022.

• See also Commentaries to the Criminal Code, in particular by Aranzadi, Lex Nova and Tirant lo Blanch.

Journals

• Actualidad Penal
• Anuario de Derecho Penal y Ciencias Penales
• Aranzadi Penal
• Cuadernos de Derecho Judicial
• Cuadernos de Derecho Penitenciario
• Cuadernos Penales y Criminológicos
• Eguzkilore
• Eleria
• La Ley
• Revista del Poder Judicial
• Revista Electrónica de Derecho Penal
• Revista Jurídica de Cataluña

Web addresses

• Aranzadi on-line (westlaw)
• Dialnet
• CSIC
• OTHER WEBS:
o Sociedad Internacional de Criminología,
o Asociación Internacional de Derecho penal,
o Consejo de Europa,
o Naciones Unidas,
o Instituto Max-Planck de Derecho penal extranjero e internacional, de Friburgo de Brisgovia,
o Instituto Superior de Ciencias Criminales de Siracusa (Italia),
o Instituto Latinoamericano de Naciones Unidas para la prevención del delito y tratamiento del delincuente (Ilanud) de San José de Costa Rica,
o Rama de las Naciones Unidas para la prevención del delito y la justicia criminal