Cursos / 1º Ciclo / Faculty of Law :: Law
TEORIA DA LEI PENAL - 2017/2018
2º curricular year
Semestralidade: 2nd semester
ECTS: 6
Teachers
Leading Teacher: Prof. Doutor Fernando Torrão
Assistant Professor: Prof. Doutora Ana Raquel Conceição
Class type and School hours
Orientação Tutorial : 1 Horas
Prática : 1 Horas
Teórica : 2 Horas
Teaching Language
Portuguese
Main Aims/Objectives
With this course is intended that the law student is able to grasp the specifics of criminal law, not only in relation to their specific constitutional, but also in its axiological reasoning.
Specific Aims/Objectives
Given the dynamism required in criminal law, students must be gifted with a critical awareness of being in confrontation with the criminal duty. Furthermore, it should be able to correctly interpret the criminal law, to seize the principles governing the application of the law in time and space and be able to resolve specific situations.
Skills to be acquired
Knowledge of the principles and specifics of criminal law, ability to resolve cases
Teaching Procedures
The teaching of the course will focus on learning strategies and promote research and enhance knowledge by the student as a supplement to classroom
Programme
Title I. CRIMINAL LAW AND ITS LEGAL SYSTEM SCIENCE IN THE STATE
Chapter 1 The criminal law in the formal sense
I. The concept of criminal law
II. The criminal law
Chapter 2 The location of criminal law in the legal system
I. Intrastate criminal law and international criminal law
II. The criminal law as part of public law
III. The criminal law before the other branches of law. Autonomy and dependence on criminal law.
Chapter 3 The science of criminal law
I. From "Encyclopedia of criminal science" to "science joint criminal law"
II. The evolution of the status of the criminal sciences
III. The status of criminal science under the rule of law and a modern criminal justice system functional-teleological and rational.
Title II. THE ROLE OF CRIMINAL LAW
Chapter 4 aims and legitimacy of criminal punishment
I. The problem of "purpose" of the felony
II. Absolute theories: the instrument of punishment as retribution
III. Theories concerning: the pen as an instrument of prevention
IV. Mixed theories or unifying
V. The problem of the ends of sentences and the doctrine of the state, particularly in light of its evolution in Portugal
VI. Aims and limits of criminal penalties
Chapter 5 of basis, meaning and purpose of the security measure criminal
I. Security measures in criminal sanctioning system
II. Purposes and legitimacy of the security measure
III. The relationship of the sentence with the safety measure: the question of "monism" or "dualism" of the system
Chapter 6 of the criminal behavior and its definition: the material concept of crime
I. The material content of the concept of crime
II. The social definition of crime
III. The current crisis in the criminal paradigm
Chapter 7 of the limits of criminal law
I. Criminal law and administrative offenses (law contraventions): criminal penalties and fines
II. Criminal law and disciplinary law: criminal penalties and sanctions (measures) disciplinary
III. Criminal law and procedural law, criminal penalties and sanctions (measures) of ordering or procedural conformation
IV. Criminal law and private law: criminal penalties and punishments private
TITLE III. CRIMINAL LAW AND ITS APPLICATION
Chapter 8 The principle of legality of criminal intervention
I. The principle Nullum crimen, nulla poena sine lege
II. The plan�s scope
III. The plane of the
IV. The possibility of defining the type statutory
V. The prohibition of analogy
VI. The prohibition on retroactivity. The temporal scope of validity of the criminal law or the problem of "application of criminal law in time"
Chapter 9 Spatial validity of the criminal law
I. The system of enforcement of criminal law in space and its underlying principles
II. Content and combination system of principles applicable
Evaluation Type
Two AC tests
Teaching Resources
General and specialized library
Sustainability Objectives
Keywords
Crime
Penalty
Legality
Subsidiarity
Main Bibliography
Author | DIAS, Jorge de Figueiredo |
---|---|
Title | Direito Penal. Parte Geral. Questões Fundamentais |
Edition | 2.ª ed. reimp. |
Place | Coimbra |
Editor | Coimbra Editora |
Year | 2012 |
Author | CARVALHO, Américo Taipa de |
Title | Direito Penal. Parte Geral. Qustões Fundamentais |
Edition | 2.ª ed. |
Place | Coimbra |
Editor | Coimbra Editora |
Year | 2011 |
Author | COSTA, José de Faria |
Title | Noções Fundamentais de Direito Penal (Fragmenta iu |
Edition | 3.ª ed. |
Place | Coimbra |
Editor | Coimbra Editora |
Year | 2012 |
Complementary Bibliography
Author | DIAS, Jorge de Figueiredo |
---|---|
Title | Direito Penal Português - Parte Geral II - As Cons |
Edition | 2.ª ed. reimp. |
Place | Coimbra |
Editor | Coimbra Editora |
Year | 2013 |
Author | TORRÃO, Fernando |
Title | Direito Penal e Direito Processual Penal - Casos P |
Edition | 6.ª ed. (reimp. |
Place | Coimbra |
Editor | Almedina |
Year | 2017 |