Cursos / 1º Ciclo / Faculty of Law :: Law

CRIMINALIDADE ORGANIZADA - 2018/2019

4º curricular year
Semestralidade: 1st semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Daniel Tavares
Assistant Professor: Prof. Doutor Daniel Tavares

Class type and School hours

Teaching Language

Portuguese

Main Aims/Objectives

Understanding and critical reflection on delinquency (criminal and administrative offense) associated with organized, and economic-financial and white collar crimes. Perception of the threat that this delinquency poses to values, economy and safety of the citizens and States globally, highlighting the transnational nature of most crimes that fall within it.

Specific Aims/Objectives

To know the main characteristics and practices of organizations of organized and economic-financial crimes in different continents and countries. Study of white-collar crime and its relationship with organized and economic-financial crimes.
Study and practical application of special measures to combat this crime, in prevention, investigation, prosecution and trial.

Skills to be acquired

Learning to detect this type of delinquency, know regulatory frameworks, the criminal justice policies, authorities and agencies to prevent and combat, their roles, resources and special practices in domestic level and international cooperation.

Teaching Procedures

Theoretical exposure with audio-visual support (power point).
Orientation classes tutorial with study of practical cases and oral interventions of students.
Indication of other readings appropriate to each theme, besides the principal and complementary bibliography indicated in the program.

Programme

PART I
TRANSNATIONAL ORGANIZED CRIME
Introdution
1Concept. International Treaties. Criminal association in Penal Code and separate legislation
2Globalization and Transnationality
3Links to economic and financial crime and terrorism
4Mafias and Cartels
5International Cooperation
PART II
WHITE-COLLAR CRIME AND INEQUALITIES IN THE JUSTICE SYSTEM
1Delinquency of influential people. Evolution.
2Criminal treatement differentiated
Drafting of the Law
Investigation and prosecution
Trial
Prisional enforcement
3White-collar crime: concept and difficulties of punishment
4Edwin Sutherland and the study of the WCC and crime in general.Differential association and social disorganization theories
5Corporate and occupational crime
6Links to organized crime
7Proposals for equal justice
PART III
CRIMINAL AND ADMINISTRATIVE INFRACTIONS
Previous point
1Prosecution assistance
2The transversal nature of corruption.International Conventions
3Non-criminal measures to combat the corruption
4Public and private corruption within the European Union
CHAPTER I
ECONOMIC AND FINANCIAL DELINQUENCY IN POLITICAL AND PROFESSIONAL ACTIVITIES
I-WITHIN PUBLIC ADMINISTRATION
1Corruption
2Influence-peddling
3Embezzlement
4Economic participation in Business
5Politians and public figure heads
6Others

II-WITHIN THE PRIVATE SECTOR
Widespread delinquency within the corporate sector
A-ANTI: ECONOMY, PUBLIC HEALTH, CONSUMERS, ECONOMIC OPERATORS, STATE AND SOCIETY
1Anti economic infractions and against public health
2Tributary Infractions
3Industrial Property
4Author’s property
5Credit institutions and payment services
6Influence-peddling
7Corruption
8Safety regulations in the workplace
9Against patrimonial rights and insurance companies
10Disloyal commerce,reducing prices,distance sale
11Consumers Protection Act
12Advertising Code
B-ENVIRONMENT:NECESSARY AND INADMISSIBLE DAMAGE. DIFFUSED VICTIMISATION
Previous point
1Criminal responsability
2Administrative offences: water,noise, waste management,industrie,ecological reserve
C-WITHIN LIBERAL PROFESSIONS (WCC)
Refusal of medical care,falsification of medical statements,legal malpractice
CHAPTER II
ORGANIZED CRIME REFERRING TO
INDIVIDUALS, NARCOTICS, ARMS,
CYBERCRIME, SPORTS TRUTH, MONEY LAUNDERING AND TERRORISM
A- AGAINST LIFE AND DIGNITY OF THE HUMAN PERSON
1International Law
2Portugues Constitution
3Human trafficking,kidnapping,slavery,abduction,hostage taking,incitement to prostitution and child prostitution,child pornography,theft related to work or workplace. Extortion. Aiding illegal immigration and criminal association aid
4Bilateral cooperation
B-NARCOTICS
1International Law
2National Law
3Criminal and administrative offences
4Multilateral cooperation
5Bilateral cooperation with Spain, Angola, Argentina, Brazil, Cuba, Paraguay, Uruguay, Venezuela
C-ARMS
1International Law
2National Law
3Criminal and administrative offences
4Bilateral cooperation
D-CYBERCRIME
1International Law
2National Law
3Crimes
E- SPORTS TRUTH
Crimes
F-MONEY LAUNDERING AND TERRORISM
1International Law
2National Law.Prevention of money laundering and terrorrism funding
3Criminal and administrative offences and disciplinary responsibility
4 International cooperation
PART IV
PREVENTION AND COMBAT OF ORGANIZED CRIME AND ECONOMIC FINANCIAL CRIME
LEGAL BODIES
1Difficulties
2International Law
3National Law
4Judiciary and Criminal Bodies.Roles
Prosecution Service
Judiciary Police
PSP,GNR,ASAE,SEF
Fiscal, Maritime and Customs authorities
Control and supervision of the activities of OPC ´s: Council and Coordination System and Attorney General of the Republic
5Measures, regimes and special procedures
Catalogue referrals
Banking information
Voice and image register
Undercover operations
6Norms of the Penal Procedure Code

Evaluation Type

Two obligatory written tests and oral interventions.
Evaluation of interest and commitment shown and of the ability of oral and written expression.
Record of attendance at class.

Teaching Resources

Bibliography and legislation indicated.
Consultation of monographs and articles.
Using video-projector and power point slide show to be offered to students in Moodle.

Sustainability Objectives

Keywords

Organized and economic-financial crimes.
Criminal organizations
Wwhite-Collar Crime
Corruption
Crimes within Public Administration
Professional crimes withnin private sector:
Against Health, Economy, Consumers
Crimes in political activity
Human trafficking, arms and drugs
Cybercrime and Money Laundering
Measures to prevent and combat

Main Bibliography

Complementary Bibliography