CRIMINAL LAW I
Introduction to criminal law and to the penalty system
LEIOA
Jon-M. LANDA GOROSTIZA
Senior Lecturer in Criminal Law
Second Academic Year
Group Number: 261
2010-2011 Academic Year
Law Faculty –Bizkaia sectionUniversity of the Basque Country (UPV-EHU)
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MAIN OBJECTIVE
The main objective of this subject is to provide an introduction to the concept of
criminal law and to the system of penalties. This introduction intends to present the
contents of the subject with a critical approach. Therefore, pure legal regulation will be
systematically contrasted with a critical and ideal perspective on how criminal law
should be organized in a democratic State. In approaching the concept of criminal law
and the system of penalties, International Criminal Law and Comparative Law will be
also taken into consideration in a systematic way.
SPECIFIC OBJECTIVES, ABILITIES AND CAPACITIES
First part of the program (Lessons 1-4)
(Lesson 1) At the end of the academic year students should have the ability to
distinguish between juridical and non-juridical concept of criminal law. They should
also be able to identify different elements of criminal law such as the penalty, security
measures, crime, penal law and so on.
(Lesson 2-3) International criminal law and, in general, comparative perspective
between different jurisdictions will be a central part of the subject due to increasing
trends of globalization that also influence criminal law definition and enforcement.
(Lesson 4) A key point is going to be the capacity of approaching criminal phenomena
both from the perspective of current legislation in force (de lege lata) and from an ideal
point of view (de lege ferenda). For that purpose we will draw our attention to some
fundamental principles of criminal law which fulfil the function of setting limits to the
power of States under the rule of law.
Second part of the program
(Lessons 5-6) The theory of penalties will be focused on in the second part of the
program with the aim of gaining conceptual clarity. We will analyse penalties and their
justification theories. Students should be able to manage the compulsory rules of the
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Criminal Code of Spain (1995) for the application of penalties. Practical lectures will be
partly dedicated to making exercises in order to calculate the exact penalties in certain
sample cases. Nevertheless, among all the penalties, imprisonment will be considered in
depth due to its significance and importance as a central penalty in both the Spanish and
European systems. We will analyse the history of imprisonment, the different
penitentiary models and the alternatives to avoid such a penalty.
(Lesson 7-8) Leaving aside penalties for adults, there are other kind of consequences
linked with the criminal act. Some of those consequences are referred to special
situations such as the case of security measures, measures for minors, corporate liability
or complementary consequences, where the quality of the actor of the offence determine
a special punitive reaction. Other consequences have a non penal nature such as civil
responsibility or costs of procedure. Finally, we will deal with the closure of the
criminal procedure paying attention to the Statutes of limitation and cancelation of
criminal records.
METHODOLOGY
In order to improve our knowledge and abilities in the field we will combine theoretical
lectures with practical sessions and a seminar. Lectures will be run not in a vertical
manner but will be a permanent dialogue between lecturer and students instead. The
practical sessions and the seminar will consist of two different dynamics: on the one
hand, practical exercises based on real judicial material will be necessary to learn the
mechanics for applying the rules of penalty enforcement. On the other hand, students
will have to read –on their own or in groups- some fundamental books or articles that
will be later discussed and presented in class.
The main tools during the academic year will be bibliography, case law and the
Criminal Code of Spain.
From a methodological point of view, for a part of the first block of the program
(Lessons 1,2, 4 and 5) lecturing will be the main tool, while for the second one (6,7 and
8) a more practical approach will be applied. The contents of the Lesson 3 (International
Criminal
Law)
will
be
analysed
in
the
framework
of
the
Seminar.
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DETAILED CALENDAR OF THE TERM
THEORETICAL LECTURES
THURDAY 9-11/9-10 a.m.
(LESSONS 1,2,4, 5)
15 September
PRESENTATION
22 September
LESSON 1
2 HOURS
29 September
LESSON 1
2 HOURS
6 October
LESSON 2
2 HOURS
13 October
LESSON 2
2 HOURS
SEMINAR + MORE PRACTICAL SESSIONS
20 October
LESSON 4
1 HOURS
27 October
LESSON 4
1 HOURS
3 November
LESSON 4
1 HOURS
10 November
LESSON 4
1 HOURS
17 November
LESSON 5
1 HOURS
24 November
LESSON 5
1 HOURS
1 December
LESSON 5
1 HOURS
LESSON 5
1 HOURS
[8 december]
15 December
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THEORETICAL-PRACTICAL SESSIONS
THURSDAY 11-12/10-12 a.m.
(LESSONS 6,7,8)
15 September
PRESENTATION
22 September
1 HOUR
29 September
1 HOUR
6 October
1 HOUR
13 October
1 HOUR
SEMINAR + MORE PRACTICAL SESSIONS
20 October
2 HOUR
27 October
2 HOUR
3 November
2 HOUR
10 November
2 HOUR
17 November
2 HOUR
24 November
2 HOUR
1 December
2 HOUR
[8 december]
15 December
2 HOUR
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PRACTICAL SESSIONS-SEMINAR
WEDNESDAY 12 a.m.-14 p.m.
(LESSON 3)
INTERNATIONAL CRIMINAL LAW
19 October-Introduction
LESSON 3
2 HOURS
26 October-Introduction
LESSON 3
2 HOURS
STUDENTS: ESSAYS AND ORAL PRESENTATIONS BOTH OF
CRIMES CONTENTS AND OF CASES RELATED TO THEM
2 November
LESSON 3
2 H. WAR CRIMES
9 November
LESSON 3
2 H. War Crimes-CASE
16 November
LESSON 3
2 H. CRIMES HUMANITY
23 November
LESSON 3
2 H. Crim. Humanity-CASE
30 December
LESSON 3
2 H. GENOCIDE
LESSON 3
2 H. Genocide-CASE
[7 december]
14 December
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PROGRAM: CONTENTS
FIRST PART: LESSONS 1-5
LESSON 1 - CONCEPT OF CRIMINAL LAW
1.1. Criminal law: initial approach. What is a crime?
1.2. The contours of criminal liability.
1.3. Outline of the aims and functions of the Criminal Law.
1.4. Criminal Law in Spain.
LESSON 2 - CRIMINAL LAW: JURISDICTION
2.1. General matters.
2.2. The temporal dimension in committing a crime.
2.3. State jurisdiction: the territorial principle.
2.4. Exceptional principles: the nationality principle, the protective or security principle,
the universality principle and the passive personality principle..
2.5. Extradition, immunity, asylum.
LESSON 3 - INTERNATIONAL CRIMINAL LAW
3.1. The notion of International Criminal Law.
3.2. General features of International Criminal Law.
3.3. The notion of international crimes.
3.4. Sources of International Criminal Law.
3.5. The historical evolution of international crimes.
3.6. The establishment of international criminal tribunals.
3.7. Substantive international criminal law: war crimes, crimes against humanity and
genocide.
LESSON 4 – CRIMINALISATION AND PRINCIPLES OF THE CRIMINAL LAW.
4.1. The principle of individual autonomy.
4.2. The principle of welfare.
4.3. The harm principle and public wrong (principle of legally protected interests).
4.4. The minimalist approach (utiliy and criminal law as a last resort: ultima ratio).
4.5. Morally wrong behaviour.
4.6. Remote harms.
4.7. The rule of law and fair procedures: principle of legality.
4.8. Principles relating to the conditions of liability: principle of culpability and
proportionality.
4.9. Sentencing: principle of humanity of the penalties and principle of rehabilitation or
reintegration into society (reference to Lesson 5).
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LESSON 5 – FUNDAMENTALS OF SENTENCING
5.1. Historical evolution of the system of penalties: principle of humanity of the
penalties and principle of rehabilitation or reintegration into society.
5.2. Theories of Punishment: the aims of punishment.
5.3. The Death penalty.
5.4. Prison.
5.4.1. The history of European prison law and policy.
5.4.2. The present and future of European prison law and policy.
SECOND PART: LESSONS 6-8
LESSON 6 SENTENCING IN SPAIN. PENALTIES
6.1. Common law and the Spanish Criminal Code: introduction.
6.1.1. Theory of crime: a very short introduction
6.1.2. System of penalties: first approach
6.2. Determination of penalties in the Spanish Criminal Code: basic (ordinary) rules
(art. 61-72 Criminal Code 1995).
6.3. Determination of penalties in the Spanish Criminal Code: special rules (art. 73-79
Criminal Code 1995).
6.4. Imprisonment.
6.4.1. Penalties involving limitation of liberty in Spain.
6.4.2. Alternatives to imprisonment and how to avoid it: suspension and
substitution.
6.4.3. The current penitentiary model in Spain.
6.5. Other kinds of penalties
6.5.1. Penalties which affects certain (other) rights (not liberty): withdrawal of
honours, profession, driving license, gun license; prohibition of residence,
restraining orders and so forth, with special mention to Community Services.
6.5.2. Fines.
6.5.3. Complementary penalties.
LESSON 7 OTHER CRIMINAL CONSECUENCES
7.1. Security measures.
7.2. Measures for minors.
7.3. Corporate liability.
7.4. Complementary consequences.
LESSON 8 CIVIL RESPONSIBILITY. COSTS OF PROCEDURE. STATUTES OF
LIMITATIONS. CANCELATION OF CRIMINAL RECORDS.
8.1. Civil responsibility and costs of procedure.
8.2. Statutes of limitation.
8.3. Cancelation of criminal records.
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EVALUATION
There will be a written exam to check theoretical contents and practical
abilities linked with the subject.
However, following the philosophy of permanent evaluation students
who regularly attend lectures and efficiently prepare practical and seminar
sessions will not have to pass any exam. For such students the final mark
will be set depending on the work carried out throughout the whole of the
academic year. For that purpose these are the kind of tasks students will
have to carry out:
 Compulsory attendance of every lectures, practical sessions and
seminar.
 Fundamental readings in advanced for preparation of lectures,
practical sessions and seminar.
 Written summaries of lectures:
o A summary of the lecturing (one page) will be carried out by
the students on a weekly basis. Each student in turn will do the
oral presentation of his/her summary the following week at the
beginning of the lecture during up to 10 minutes
 Written resolution of cases.
 A written essay for the seminar with oral presentation.
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BIBLIOGRAPHY

ASHWORTH, Andrew, Principles of Criminal Law, sixth edition, Oxford, 2009.

ASHWORTH, Andrew, Sentencing and Criminal Justice, fifth edition,
Cambridge, 2010.

CASSESE, Antonio, International Criminal Law, second edition, Oxford, 2008.

CASSESE, Antonio/ACQUAVIVA, Guido G./FAN, Mary/WHITING, Alex A.,
International Criminal Law: Cases and Commentary, Oxford, 2010.

CLOUGH, Joanne/JACKSON, Adam/WORTLEY, Natalie, Nutshells. Criminal
Law, Sweet & Maxwell, London, 2011.

FLETCHER, George P., Rethinking Criminal Law, Oxford, 2000.

HERRING, Jonathan, Criminal Law: text, cases and materials, fourth edition,
Oxford, 2010.

MIR PUIG, Santiago, Derecho Penal. Parte General, octava edición, Barcelona,
2008.

MAPELLI CAFFARENA, Borja, Consecuencias Jurídicas del Delito, quinta
edición, Madrid, 2011.

MUÑOZ CONDE, Francisco, Derecho Penal. Parte General, octava edición,
Valencia, 2010.

VAN ZYL SMIT, Dirk/SNACKEN, Sonja, Principles of European Prison Law
and Policy. Penology and Human Rights, Oxford, 2009/2011.

WERLE, Gerhard, Principles of International Criminal Law, second edition,
2009.
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