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

TEORIA DA LEI PENAL - 2021/2022

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

Teachers

Leading Teacher: Prof. Doutora Maria Leonor Esteves

Class type and School hours

Teórica : 2 Horas
Prática : 1 Horas
Orientação Tutorial : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

Understanding the basic assumptions relating to the Criminal Law foundation, function, purposes and scope, under a State of Law, limited by the axiological requirements established in the constitution

Specific Aims/Objectives

Understanding the specificity and epistemological autonomy between penal dogmatics, criminology and criminal policy, despite the fact that the three criminal sciences are united by purpose and function. Become aware of ethical and axiological foundations of the ius puniendi legitimacy and the principles governing the application of the law in time and space .

Skills to be acquired

Through the knowledge of nature, function and purposes of criminal law, as well as the principles that give it legitimacy and validity, students should be able to correctly interpret its rules and apply them to specific cases.

Teaching Procedures

Teaching will be predominantely expository combined with an incessant encouragement to the participation of students, both in theoretical and practical classes, and instant appeal to their critical thinking, as well as the deepening of knowledge through an autonomous research, even if directed

Programme

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
III General conditions for the enforcement of Portuguese criminal law to facts committed abroad. The principle of ne bis in idem

Evaluation Type

Two AC tests.

Teaching Resources

General and specialized library.

Sustainability Objectives

Keywords

Crime
Penalty
Legal value (bem jurídico)
Legality
Subsidiarity

Main Bibliography

Complementary Bibliography