Crimes em Especial

Objectivos

After successfully completed this course, students will be able to:

  1. identify concepts, terminology, sources and arenas of medical criminal law with regard to specific offences,
  2. apply common concepts of criminal law in the field of medical criminal law,
  3. make use of legislation and case law regulating health care services in general and criminal liability of health care services providers in particular,
  4. and develop arguments on the intersection between criminal law, medical profession and bioethics.

Caracterização geral

Código

28102

Créditos

4

Professor responsável

HELENA PAULA MAGALHÃES BOLINA

Horas

Semanais - 3

Totais - A disponibilizar brevemente

Idioma de ensino

Português

Pré-requisitos

A disponibilizar brevemente

Bibliografia

  • Alghrani A. (2013), Bioethics, medicine, and the criminal law. Volume 1: The criminal law and bioethical conflict: walking the tightrope, Cambridge; New York: Cambridge University Press
  • Brazier M. (2013), Bioethics, medicine, and the criminal law. Volume 3: Medicine and bioethics in the theatre of the criminal process, Cambridge; New York: Cambridge University Press
  • Erin C./Ost S. (2007), The criminal justice system and health care, New York: Oxford University Press
  • Griffths D./Sanders A. (2013), Bioethics, medicine, and the criminal law. Volume 2: Medicine, crime, and society, Cambridge; New York: Cambridge University Press
  • Hoppe N./Miola J. (2014), Medical law and medical ethics, Cambridge: Cambridge University Press
  • Jackson E. (2010), Medical law: text, cases and materials, Oxford: Oxford University Press
  • Kirchhoffer D./Richards B. (2019), Beyond Autonomy. Limits and Alternatives to Informed Consent in Research Ethics and Law, Cambridge: Cambridge University Press
  • MacLean A. (2009), Autonomy, Informed Consent and Medical Law. A Relational Challenge, Cambridge: Cambridge University Press
  • Miller F. (2012), Death, dying, and organ transplantation: reconstructing medical ethics at the end of life, Oxford: Oxford University Press

Método de ensino

The course will consist of short lectures and seminar-style discussion based on input provided in the form of a power point presentation. The teaching material will consist of both theories on medical criminal law with regard to specific offences, as well as of short cases related to criminal liability of natural persons in the same field.

This said, the students are expected to actively participate in the in-class discussion (including exercises solving), and work on readings to be made accessible before each meeting on the Moodle platform. The readings will include articles on medical criminal law and liability, court decisions, legal texts as well as short exercises.

The in-class time will also be used in order to discuss at the beginning of each meeting the muddiest point of the previous one, to answer any kind of questions, and to give thoughtful feedback both to the lecturer and the students.

Método de avaliação

The assessment of students will proceed on the basis of a 3-hour written exam. Students will have to answer to both short and open questions, and solve exercises related to the previously described learning outcomes. 

Conteúdo

Week 1: 21 February 2020: Introduction to Medical Law, and Medical Criminal Law with respect to specific offences

Week 2: 28 February 2020: Consent to medical treatment (I): notion and different types of consent

* There will be no class on 6 March 2020 *

Week 3: 13 March 2020: Consent to medical treatment (II): the function of consent in the field of criminal law

Week 4: 20 March 2020: Criminal liability of health professionals on the ground of medical negligence (I): general part

Week 5: 27 March 2020: Criminal liability of health professionals on the ground of medical negligence (II): violations against human life and bodily integrity

Week 6: 3 April 2020: Criminal liability of health professionals on the ground of medical negligence (III): case law

Week 7: 17 April 2020: Violations against confidentiality and privacy

Week 8: 24 April 2020: Regulation of criminal liability in the field of medically assisted reproduction

Week 9: 8 May 2020: Regulation of criminal liability in the field of transplantations

Week 10: 15 May 2020: Regulation of criminal liability in the field of clinical trials

Week 11: 22 May 2020: End-of-life decision-making: assisted dying, euthanasia and advance directives

Week 12: 29 May 2020: Medicalizing Crime vs. Criminalizing Health? Final remarks

Cursos

Cursos onde a unidade curricular é leccionada: