- Code
- LAW 303
- Name
- E Drejtë Penale, Pjesa e Posaçme I
- Semester
- Lecture hours
- 3.00
- Seminar hours
- 1.00
- Laborator hours
- 0.00
- Credits
- 3.50
- ECTS
- 6.00
- Description
-
Criminal Law, Special Part I, analyzes and interprets the provisions of the special part of the Criminal Code of the Republic of Albania. The main focus of the subject is the detailed analysis of the elements of the criminal offenses provided by the Code. For each type of criminal offense, the object, the elements of the objective side and the subjective side, as well as the subject, are analyzed in detail. During the course, the student becomes familiar with criminal offenses against the person, criminal offenses against property and those committed in the economic sphere, criminal offenses against the environment, or crimes against humanity. The analysis and interpretation of each criminal offense provided by the Code is done in close connection with examples and cases of daily judicial practice.
- Objectives
- Java
- Tema
- 1
- Meaning, content and system of the special part of criminal law The topic deals with the system of the special part of criminal law in a general way. In contrast to the general part of criminal law, which gives the meaning and elements of criminal offenses in general, the special part deals with and focuses on every criminal offense provided for in the Criminal Code of the Republic of Albania. The classification and organization of criminal offenses in the head and special sections, the way of grouping them, other elements that are taken into consideration to make further division of criminal offenses will be the focus of this topic. (Pg. 10-20)
- 2
- Crimes against humanity The topic focuses on the predictions made by the Criminal Code in the first chapter of its special part named "Crimes against humanity". The object, the objective side, the subject and the subjective side of the criminal offenses of this chapter will be analyzed, which include genocide, crimes against humanity, computer distribution of pro-genocide materials or crimes against humanity, war crimes. The topic also aims to identify the common and distinguishing elements between these criminal offenses with reference to the four criteria mentioned above (elements of the criminal offense). (Pages 21-34)
- 3
- Criminal offenses against the person. Crimes against life committed intentionally as well as negligently The topic deals with the criminal offenses provided for in the second chapter of the special part of the Criminal Code. Criminal offenses directed against life will be dealt with. We can mention such: intentional murder, murder in connection with another crime, premeditated murder, murder for blood feud, murder in other qualifying circumstances, murder due to family relations, infanticide, negligent homicide, etc. The analysis aims not only to highlight the four elements of each criminal offense, but also the differences that criminal offenses have between them within the same section of the Criminal Code. (Pages 35-44)
- 4
- Criminal offenses against health committed intentionally and negligently. Criminal offenses that endanger life and health by termination of pregnancy and failure to provide assistance The topic deals with criminal offenses that harm or endanger a person's health. Among the criminal offenses included for analysis are: torture, intentional serious injury, intentional minor injury, illegal sale and purchase of organs, serious/slight injury due to negligence, termination of pregnancy without the consent of the woman, termination of pregnancy and carried out in places and by unauthorized persons, negligent treatment, not providing help, causing suicide, etc. The analysis focuses on the identification of the object, the objective side, the subject, the subjective side of each criminal offense, but also on comparing the criminal offenses with each other, within the same section to highlight the commonalities and differences between them. (Pg. 45-63)
- 5
- Sexual crimes The topic deals with and analyzes the different types of sexual crimes provided for in the sixth section of the Penal Code. The criminal offenses that will be examined are: sexual or homosexual relations with minors, violent sexual or homosexual relations with minors aged 14-18, violent sexual relations with adults, violent homosexual relations with adults, sexual relations or homosexuals with persons powerless to protect themselves, obscene acts, sexual harassment, etc. The analysis focuses on the identification of the object, the objective side, the subject, the subjective side of each criminal offense, but also on comparing the criminal offenses with each other, within the same section to highlight the commonalities and differences between them. (Pages 64-80)
- 6
- Criminal offenses against the freedom of the person. Criminal offenses against children, marriage and the family The topic deals with and analyzes the different types of sexual crimes provided for in the seventh and ninth sections of the Penal Code. The topic will analyze the definition and criminal punishment provided for kidnapping or holding a person hostage, coercion by threat or violence to give property, enforced disappearance, illegal deprivation of liberty, trafficking of adults, abandonment of children. minors, mistreatment of minors, wrongful taking of a child, trafficking of minors, domestic violence, etc. The analysis aims not only to highlight the four elements of each criminal offense, but also the differences that criminal offenses have between them within the same section of the Criminal Code. (Pg. 82-99)
- 7
- Criminal offenses against morality and dignity. Criminal offense against freedom of belief The topic describes and analyzes the criminal offenses of prostitution, maintaining premises for prostitution, insult, defamation, unjust interference in private life, stalking, spreading personal secrets, obstructing the activities of religious organizations, destroying or damaging cult objects, obstructing religious ceremonies etc. The analysis focuses on the identification of the object, the objective side, the subject, the subjective side of each criminal offense, but also on comparing the criminal offenses with each other, within the same section to highlight the commonalities and differences between them. (Pages 100-115)
- 8
- Midterm Exam
- 9
- Criminal offense against property and in the economic sphere. Frauds. Destruction of property The topic analyzes the criminal offenses provided for in the third chapter of the Criminal Code. The following criminal offenses will be in focus of the topic: theft, theft committed by abuse of duty, theft with violence, theft with a weapon, theft resulting in death, fraud, fraudulent and pyramid schemes, fraud in subsidies, fraud in insurance, in loans , publishing another's work under one's own name, destruction of property, destruction of property by fire/explosives/flooding/other means, destruction of property due to carelessness, destruction of cultural works, etc. The analysis aims not only to highlight the four elements of each criminal offense, but also the differences that criminal offenses have between them within the same section of the Criminal Code. (Pages 116-130)
- 10
- Criminal offenses committed in commercial companies The topic examines the criminal offenses provided for in the sixth section of the third chapter of the special part of the Criminal Code. The analysis consists in determining the object, the objective side, the subject and the objective side of the criminal offenses of this section, such as: compilation of false statements, active corruption in the private sector, passive corruption in the private sector, irregular issuance of shares, holding unfairness of two qualities, disclosure of company secrets, failure to make mandatory records, illegal competition through violence, forgery of signatures, etc. (Pg. 130-148)
- 11
- Criminal offense in the field of customs The topic studies and analyzes the criminal offenses provided by the Criminal Code in the field of customs. The topic focuses especially on criminal offenses such as: smuggling of prohibited or restricted goods, smuggling of goods for which excise duty is paid or with full or partial suspension from customs or excise duties, smuggling of licensed goods, smuggling of other goods, smuggling of cultural values, trade and transportation of goods that are contraband, removal of goods from customs areas without paying duties, etc. The analysis focuses on the identification of the object, the objective side, the subject, the subjective side of each criminal offense, but also on comparing the criminal offenses with each other, within the same section to highlight the commonalities and differences between them. (Pg. 149-170)
- 12
- Criminal offenses related to taxes and duties The topic focuses on the description and analysis of criminal offenses related to taxes and duties in the Republic of Albania. The concealment of income, non-payment of taxes and duties, changes in measuring devices, destruction of signs of blockage or suspension of commercial activity, non-performance of duties by tax authorities will be examined in a special way. The analysis aims not only to highlight the four elements of each criminal offense, but also the differences that criminal offenses have between them within the same section of the Criminal Code. (Pages 171-182)
- 13
- Forgery of coins, securities and documents The topic examines and analyzes criminal offenses in the field of forgeries. Forgery of coins, securities, production of counterfeiting tools, forgery of documents, forgery of school/health documents, forgery of identity cards, passports or visas, forgery of seals, stamps or of forms, falsification of acts of civil status, etc. The topic also aims to identify the common and distinguishing elements between these criminal offenses referring to the four elements of the criminal offense. (Pages 183-197)
- 14
- Criminal offenses related to the exercise of financial activity. Criminal offenses in the field of bankruptcy. Illegal development of gambling The topic aims to analyze and identify the elements of the objective and subjective side of induced bankruptcy, concealment of the state of bankruptcy, concealment of assets after bankruptcy, organization of unauthorized lotteries, predetermination of results in sports competitions, distortion of competition in sports competitions, at the disposal of premises for illegal games, unlicensed exercise of banking activity, unlicensed exercise of financial activities. The analysis aims not only to highlight the four elements of each criminal offense, but also the differences between the criminal offenses that are within the same section of the Criminal Code. (Pg. 198-219)
- 15
- Criminal offenses against the environment as well as those against the legal regime of the land The topic examines the criminal offenses provided for in the eleventh section of the third chapter and the criminal offenses of the fourth chapter of the special part of the Criminal Code. The determination of the object, the objective side, the subject, the subjective side will be made for criminal offenses such as: waste of land, illegal construction, occupation of land, air pollution, transportation of toxic waste, water pollution, prohibited fishing , illegal cutting of forests, cutting of ornamental and fruit trees, negligent destruction by fire of forests and the forest environment, violation of plant and animal quarantine. The topic also aims to identify the common and distinguishing elements between these criminal offenses referring to the four elements of the criminal offense. (Pg. 220-237)
- 16
- Final Exam
- 1
- Në përfundim të kursit, studentët do të njohin të gjitha veprimet apo mosveprimet të cilat përbëjne vepër penale.
- 2
- Studenti do të jetë i aftë që nëpërmjet teknikave të interpretimit të analizojë elementët e figurave të veprave penale specifike.
- 3
- Studenti do të jetë në gjendje të cilësojë drejtë figurën e veprës penale përkatëse për rastet e ekzistencës së veprimeve ose mosveprimeve të paligjshme.
- 4
- Studenti do të aftësohet në trajtimin dhe zgjidhjen e rasteve praktike në fushën e së drejtës penale.
- Quantity Percentage Total percent
- Midterms
- 1 30% 30%
- Quizzes
- 0 0% 0%
- Projects
- 0 0% 0%
- Term projects
- 0 0% 0%
- Laboratories
- 0 0% 0%
- Class participation
- 1 20% 20%
- Total term evaluation percent
- 50%
- Final exam percent
- 50%
- Total percent
- 100%
- Quantity Duration (hours) Total (hours)
- Course duration (including exam weeks)
- 16 4 64
- Off class study hours
- 14 5 70
- Duties
- 0 3 0
- Midterms
- 1 6 6
- Final exam
- 1 6 6
- Other
- 0 0 0
- Total workLoad
- 146
- Total workload / 25 (hours)
- 5.84
- ECTS
- 6.00