UNIVERSIDAD SAN BUENAVENTURA
SCHOOL OF LAW AND POLITICAL SCIENCE AND LEGAL
1. IDENTIFICATION:
PROGRAM: Right.
SUBJECT / COURSE: Special Criminal Law.
INTENSITY: Four (4) hours per week.
TEACHER: José Luis Bustamante Hernandez.
ACADEMIC PERIOD: 2011-01
2. Justification:
Criminal Law is par excellence, an area of \u200b\u200blaw without doubt, important in our social, well known is that criminal law is the "ultima ratio", ie go have failed him when all means of social control. So our legislature, pursuant to criminal policy should be the raison d'être of the Penal Law defines what behaviors are considered punishable, and therefore punishable, in order to protect a particular legal right, which alone may be tending to say that in our Colombian state through the institution of criminal law is fought crime, which can not be different purpose in a social state of law.
Now, criminal law, without a body to give your application within a social context, both as a right would be no reason, therefore, assigned the same state competition (by criminal procedural law) to the prosecutors (the investigation) and the Criminal Court (knowledge) to carry out the realization of this right, ie to ensure that he is committing an offense, to become sanctioned.
For that reason, and with the profile the Prosecutor and the Judge, being lawyers, and what should be the defenders of the people who are investigated and prosecuted for criminal conduct have, is why this subject is justified within the entitlement program, so that those who choose be lawyers, must devise and pursue a full year, on learning of the subject of special criminal law and must be approved not only for being a prerequisite for another subject (criminal procedure), but because it is about training skilled professionals with ability to function within the social field.
3. PURPOSE:
GOAL.
Addressing the historical development and current status of a substantive criminal law on crimes in particular to the approach of the proceedings and prison from a standpoint of comparative law and national levels.
SPECIFIC OBJECTIVES.
1. Studying and analyzing the precedents (Constitutional Court and Supreme Court Justice), doctrinal and policy regarding the establishment of a criminal court.
2. Get conceptual tools to distinguish the nature and competence of the criminal, not only serving the criminal offense, but the active subject of it.
3. Identify the elements of each of the regulatory structures of the criminal jurisdiction of different courts.
4. Study treaties and conventions on human rights and international humanitarian law incorporated in the Colombian penal code with regard to the chapter on crimes against persons and property protected by international humanitarian law.
4. POWERS:
1. Epistemological dimension.
1.1 Competence clarity between the special criminal law from other areas of law.
Indicators 1.1.1 Assessments, workshops, academic advising.
2. Praxeological dimension.
2.1 Competition Identify, address and resolve the legal problems of the special criminal penal code.
2.1.1 Develop indicators based case work and carve that allow the student spliced \u200b\u200bwith criminal law.
5. THEMATIC CONTENT OF COURSE:
UNIT 1.
1. Introduction to the special part.
2. Dogmatic criteria in the study of the special part of criminal law.
3. Perspective analysis of the various offenses since the theory of crime.
4. Management Special part systematic.
5. The analysis of the various offenses.
6. Criminal policy issues.
UNIT 2.
1. Crimes against life and personal integrity.
2. The crime of genocide.
3. The crime of murder and shapes.
4. Induction and cooperation to suicide.
5. The crime of abortion.
6. The crime of assault.
7. Harm to the fetus.
8. Failure to provide relief.
9. Offences relating to genetic manipulation.
Unit 3.
1. Crimes against sexual freedom
2. Relationship between the crime of coercion and other actions against freedom.
3. Concept of rape
4. Abusive sexual acts
5. Pimping.
6. The crime of sexual assault.
7. Location systematic and general issues.
8. Basic type: definition and elements.
9. Qualified type of rape: the crime of rape.
10. Specific aggravations.
11. The crime of sexual abuse.
12. Basic type: definition and elements.
13. Type qualified by the condition of the taxpayer: vulnerability.
UNIT 4.
1. Economic crimes against property and public faith:
2. Systematic classification.
3. The property and the constitution.
4. Classification of the various offenses.
5. Legally protected.
6. THE CRIME OF THEFT.
7. Theft itself.
8. Theft of possession.
9. Theft with violence or intimidation.
10. The crime of extortion.
11. The crime of scam.
12. Base rate.
13. Qualified types.
14. Specific types.
15. CHECK FRAUD BY
16. Legally protected.
17. Base rate.
18. ABUSE OF TRUST.
19. Legally protected.
20. Base rate.
21. THE disappointed.
22. Legally protected.
23. Base rate.
24. HOIST MERCHANDISE.
25. Offences related to the bankruptcy proceeding.
26. The crime of usurpation.
27. CRIME OF DAMAGES.
28. OTHER disappointed.
29. CRIMES AGAINST THE COPYRIGHT.
6. JOINT MOTION OF KNOWLEDGE:
The discovery and enunciation of the legal dimension of reality to interpret largely influenced by human behavior, allowing us to understand law enforcement penalty in the particular field. Thus, we see the phenomenon of criminal law as a set of abstract rules and strictly nominal, but on the contrary, as a living law and constantly changing, linked directly to the company and accordingly the same person as subject and actor the legal world. This is where the student must analyze the effectiveness of the regulation in protecting the legal rights to make criminal law more humane and appropriate to the social order, not just the study of a rule invalid and ineffective.
7. TEACHING STRATEGIES / METHODOLOGICAL.
The aims of the course will be pursued through the lecture and, above all, with the wholehearted participation of students in the discussion of the various problems that the subject raises. Therefore, we recommend the student to prepare all the topics in advance of the meeting in question, making follow-up in the recommended bibliography.
8. RESOURCES:
The course will be based primarily on methodological processes, specifically the case methodology, and research to acquire a theoretical knowledge firm to serve as a basis for further practical application to facilitate the apprehension of legal knowledge. The student will be led by guides and case studies to help you delve into the matter as much as he, himself, who made his own learning process and draw your own conclusions, using the methodology of the case and personal research.
9. SEGUMIENTO STRATEGIES AND EVALUATION.
The course is assessed on a final exam worth 40%, on the date designated for that purpose by the directives faculty. For the 60% follow up three assessments will be of equal value. In addition, students working in teams will make a power point presentation on a chosen topic.
10. SOURCES OF INFORMATION.
GENERAL BIBLIOGRAPHY.
Estrada Velez, Federico. Criminal Law. General Party. 2 nd ed. Bogotá, TEMIS, 1986.
Ferreira Delgado, Francisco José. Special criminal law. Volumes I and II. Bogotá, TEMIS, 2006.
Arrubla Molina, Carlos Mario. Crimes against life and personal integrity. 1 st ed. Medellín, Dike, 1995.
Suárez Sánchez, Alberto. Economic crimes against property. Bogotá, COLOMBIA FOREIGN UNIVERSITY. 2000.
Pabon Parra, Pedro Alfonso. Manual of Criminal Law. General and Special Parties. Bogotá, read, 1999.
Tocora, Luis Fernando. Special Criminal Law. 10 ° ed. Bogotá, LIBRARY EDITIONS OF BUSINESS, 2004.
Miscellaneous. SPECIAL LESSONS OF CRIMINAL LAW. 3 rd ed. Bogotá, COLOMBIA FOREIGN UNIVERSITY, 2006.
Cybergraphy. LINKS.
http://www.jbpenalespecial.blospot.com.
http://www.unifer.ch/sdp.
http://www.derechopenalonline.com/derecho.php.
http://www.porticolegal.com/int/int_penal.html.
http://www.bibliojuridica.org.
http://www.noticiasjuridicas.com/sdp.
http://www.todoelderecho.com/Apuntes/Penal/apuntespenal.htm.
http://www. ramajudicial.gov.co.
http://www.legislaw.com.ar/legis/penal.htm.
http://ww.inicia.es/de/pazenred/.
http://www.pensamientopenal.com.ar.
http://www.claus-roxin.de.
http://www.jus.gov.ar.
http://www.direitopenal.adv.br.
http://www.clacso.edu.ar.
http://www.unifr.ch/derechopenal/ley.htm.
http://www.catedras.fsoc.uba.ar/pegoraro/.
http://criminet.ugr.es/.
http://dex1.tsd.unifi.it/altrodir/asylum/buracchi/index.htm.
http://www.ristretti.it/areestudio/giuridici/studi/pavarini2.htm.
http://www.inventati.org/apm/abolizionismo/immateriale/i mmateriale.pdf.
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