This work publishes with a licence BY-NC-SA Creative Commons License
General introduction to the Right. Theory of sources in Penal Right. Juridical theory of the crime. The crimes in particular. Penalogía And Right Penitenciario. Systems of penalties. The execution of penalties privativa of freedom. Legislation penitenciaria. Alternatives to the penalty of prison. Measures of security and applicable measures to minors.
|Archives||Educational resources||Resources web|
The aim of the asignatura is, fundamentally, the knowledge by part of the students of the Spanish system of execution of penalties and measures privativas of freedom, of the penalty of works in profit of the community and of the alternatives to the penalty of prison. The main pretence is that the student purchase no only a knowledge of the today valid rule and of the alternatives to the same, but also, and essentially, a critical capacity concerning the principles that inspire the legislation penitenciario, and of the criminal politics in relation with the penalties and penal measures privativas of freedom and with the functions that these have to fulfil. It treats , in definite, that the student know the problematic specific of the privación of freedom like answer to the penal offender and that develop all a series of competitions that allow him analyse críticamente the different problems that the execution of the penalties privativas of freedom, and especially the penalty of prison, represent from the point of view of the fundamental rights of the individual. It IS not RECOMMENDED THIS ASIGNATURA FOR THOSE STUDENTS THAT DO not HAVE CURSADO AT LEAST, "PENAL RIGHT I" (GENERAL PART), given the essential character of the contents of this last for the correct study of this matter.
SUBJECT 3.- THE JURIDICAL RELATION-PENITENCIARIA
IV. Content of the relation of execution
1. Rights and reciprocal duties between the Administration penitenciaria and the interns
(arts. 3, 76 and 77 LOGP)
2. The internal: subject active and subject passive of the juridical relation-penitenciaria
2.1. Participation of the interns (arts. 4.2, 24, 31.2, and 61.1 and 2 LOGP; and arts. 60, 112, 135 c) and 140.2 RP)
2.2. Rights and duties of the interns
2.3. The relation of special subjection
2.4. Position of garante of the civil servant penitenciario (art. 3.4 LOGP)
SUBJECT 4.- THE ESTABLISHMENTS PENITENCIARIOS
I. Classification of the establishments penitenciarios (art. 7 LOGP)
II. General conditions of organisation (arts. 7, 12 to 14 LOGP and 10 to 14 RP)
III. Diet of the different Establishments penitenciarios (art. 71 LOGP and 73 P)
1. Establishments of preventive (art. 8 LOGP and 74 RP)
2. Establishments of fulfillment of ordinary diet (art. 9 LOGP and 76 to 79 RP)
3. Establishments of open diet (arts. 80, 83, 84 and 86 RP)
3.1. Ordinary open diet
3.2. Open diet restricted (art. 82 RP)
3.3. Centres of social insertion (art. 163 RP)
3.4. Dependent units (arts. 80.3 and 165 to 167 RP)
4. Establishments of enclosed diet and special departments (art. 10 LOGP; 89 to 95
And 102.5 RP)
5. Centres or mixed Departments (art. 16 to) LOGP and 168 to 172 RP)
6. Departments for youngsters (arts. 173 to 177 RP)
7. Units of mothers (art. 38.2 LOGP; 17 and 178 to 181 RP)
8. Units extrapenitenciarias (art. 182 RP)
9. Units or establishments or Psychiatric (arts. 183 to 191 RP)
SUBJECT 5.- THE ADMINISTRATION PENITENCIARIA
II. Collegiate bodies: norms of operation (arts. 265 to 269 RP)
1. Council of Direction (arts. 270 and 271 RP)
2. Board of Treatment (arts. 272 and 273 RP)
3. Technical teams (arts. 27)
SUBJECT 1.- INTRODUCTION
I. The Right of penal execution: the Right penitenciario
II. The penalties privativas of freedom (arts. 35 to 37 and 50 to 53 CP)
1. The penalties privativas of freedom (arts. 35 to 37 CP)
1.1. The penalty of prison
1.2. The penalty of permanent location
1.3. The subsidiary personal responsibility by non-payment of fine
2. Contest of crimes (arts. 73 to 78 CP)
2.1. Real contest
2.2. Medial contest
SUBJECT 2- THE PENALTIES PRIVATIVAS OF LIBERTAD: SYSTEMS OF FULFILLMENT
II. Historical evolution and doctrinal of the treatment of the penalties privativas of freedom and of the
Systems of fulfillment
1. Historical evolution and doctrinal of the penalty privativa of freedom
1.1. Classical period
1.2. Half age
1.3. 16th and 17th centuries
1.4. Centuries XVIII (The thought humanist, the Iluminismo and the Illustration) and XIX (Beccaria,
Bentham, Howard, Lardizábal, Montesinos and Concepción Sandy area).
2. Systems penitenciarios:
2.1. Cellular system or pensilvánico
2.2. Progressive system
2.3. System reformatory
3. Crisis of the penalty of prison: alternatives to the same
4. The minimum rules for the treatment of the prisoners
5. The Recommendation of the Committee of Ministers of the Council of Europe
III. Normative penitenciaria valid: The reform penitenciaria in Spain
IV. The system of the Organic Law General Penitenciaria (arts. 1, 2, 59 and 72 LOGP)
V. Principle of resocialización and his consecration in the article 25.2 of the Constitution
All the materials find available in the following UNIFORM IDENTIFIER OF RESOURCE of the Repositorio of Objects of Learning of the University of Alicante (RUA):
Presentation of the asignatura: Execution of Penalties Privativas of Libertad. 2007-2008
Justification: ¿Why study it in the Degree of Criminology? ¿Which would be the committed specific of the Criminologist in the field penitenciario and of surveillance penitenciaria? Content of the temario.
The penalties privativas of freedom: systems of fulfillment
Historical evolution of the systems penitenciarios and of the normative penitenciaria in Spain. Activities related with the ends, nature and justification of the penalty of prison and the meaning of the principle of resocialización planned in the art. 25.2 CE.
Right penitenciarios of the internal in his relation with the outside
Diagram on the rights penitenciarios of the internal in his relation with the outside: to) Permissions of exit: 1. Ordinary permissions 2. Extraordinary permissions 3. Suspension and revocación of the permissions of exit b) Communications and visits: 1. General principles 2. Oral communications 3. Communications written 4. Telephone communications 5. Intimate communications, familiar and of convivencia 6. Communications with lawyers and procuradores 7. Communications with authorities and professionals c) Exits programmed
Introduction to the Right of Penal Execution
Introduction to the diet of penal execution. Examination of the penalties privativas of freedom: classification, limits, execution, budgets and legislative modifications. Brief reference to the Right Penitenciario: Treatment, Diet, Establishments.
The juridical relation penitenciaria
Diagram on the birth, the extinction and the content of the relation of execution, between the Administration Penitenciaria and the internal: right and duties; relation of special subjection; position of garante of the civil servant of Institutions Penitenciarias.
The establishments penitenciarios
Classification of the establishments penitenciarios. General conditions of organisation. Diet of the distinct establishments penitenciarios.
Organs of the administration penitenciaria
Diagram on the organs of the Administration Penitenciaria and his committed.
The diet penitenciario
General organisation of the Diet Penitenciario. Concept. Types. Limitations. General conditions of convivencia penitenciaria.
The treatment penitenciario
Diagram on the treatment penitenciario: classes, principles, ends, content and differences with the diet penitenciario.
The conditional freedom
Diagram on the conditional freedom: nature, content, requirements, supposed special.
The disciplinary diet
Diagram on the concept and the principles of the disciplinary diet. Problematic that poses the principle ne bis in idem. Classification of the faults and the disciplinary sanctions. Critical examination.
The Judge of Surveillance Penitenciaria
Attributions and functions of the Judge of Surveillance Penitenciaria in first and in second instance. New planned attributions in the Penal Code 1995. Resources that fits to interpose against the resolutions of the Judge of Surveillance Penitenciaria.
Universidad de Alicante
Carretera de San Vicente del Raspeig s/n
03690 San Vicente del Raspeig
Tel: (+34) 96 590 3400Fax: (+34) 96 590 3464