Important notice
The course guide is provisional.
The PDF version of the course guide may take a few days to become available in the DDD.

Economic Criminal Law and Commercial Litigation Practice
Code: 43000Credits: 9
| Degree programme | Type | Course |
|---|---|---|
| Enterprise Law | OB | 1 |
Contact lecturer
- Name :
- Míriam Cugat Mauri
- Email :
- miriam.cugat@uab.cat
Teaching staff
- Míriam Cugat Mauri
- Antonio Cardona Barber
- Santiago Orriols Garcia
Group languages
You can consult this information at the end of the document.
Prerequisites
It is advisable to have a basic knowledge of Criminal Law and commercial law.
The course will be taught from the perspective of the Sustainable Development Goals.
Objectives
To offer specific skills on the subject matter of special interest for the business world and for the eventful development of the doctoral thesis.
Learning outcomes
- CA03 (Work in groups to generate synergies in work environments that involve different people, incorporating some of the others into their own actions, cooperating and coordinating tasks.) Work in groups to generate synergies in work environments that involve different people, incorporating some of the others into their own actions, cooperating and coordinating tasks.
- CA04 (Analyse legislation, doctrine and jurisprudence autonomously in business environments.) Analyse legislation, doctrine and jurisprudence autonomously in business environments.
- KA04 (Describe the fundamental elements of procedural law applicable to business disputes.) Describe the fundamental elements of procedural law applicable to business disputes.
- KA05 (Detect the elements of economic criminal law and point out the most common sanctions and crimes in the business field.) Detect the elements of economic criminal law and point out the most common sanctions and crimes in the business field.
- KA06 (Recognise the principles of economic criminal law and commercial procedure in accordance with positive law, case law and doctrine.) Recognise the principles of economic criminal law and commercial procedure in accordance with positive law, case law and doctrine.
- SA04 (Compare Spanish economic criminal law with that of its antecedents, evaluating similarities and differences.) Compare Spanish economic criminal law with that of its antecedents, evaluating similarities and differences.
- SA05 (Evaluate the most relevant legal proceedings for the company and their practical implications.) Evaluate the most relevant legal proceedings for the company and their practical implications.
- SA06 (Compare the concepts of criminal and procedural law in the resolution of legal conflicts in the business environment.) Compare the concepts of criminal and procedural law in the resolution of legal conflicts in the business environment.
Contents
The section on economic criminal law examines the main offences committed in the field of economic and business relations, the conditions under which natural and legal persons may be held criminally liable, and the criminal sanctions applicable in this area.
1. General tòpic.
2. Property crimes v. econòmic crimes.
3. Tax evasion.
4. Market offences.
5. Public function's offences.
6. Money laundering.
As for the commercial and procedural contents, some of the procedures of interest for the sector will be analysed, such as the proceedings on small debts, the bill of exchange, unfair competition, illicit advertising, general conditions of contracting, precautionary measures and execution, among others.
Subject 1. The protection of commercial credit: order for payment and exchange proceedings. Non-bankruptcy claims and bankruptcy proceedings.
- The order for payment \"technique
- In particular, the order for payment procedure in the business sphere.
- Securities: recalling the concept and the parties involved
- Exchange proceedings: direct action and return action
- Declaratory proceedings and insolvency proceedings
Subject 2. The protection of the company's position in the market and the rights of shareholders: competition, standing and problems of proof in some commercial proceedings: unfair competition, unlawful advertising, challenging company agreements and liability actions against directors.
1. Unfair competition and unlawful advertising.
2. Company secrets
- Challenging company resolutions
- Directors' liability
Subject 3. Precautionary protection in commercial proceedings.
1. Purpose and characteristics of precautionary measures.
- Procedure
- Speciality and cases in the commercial sphere.
Subject 4. Enforcement protection: in particular, pecuniary enforcement.
- Enforcement. General ideas
- In particular, pecuniary enforcement
- Investigation of assets
- Attachment and levy of execution. Enforcement.
If there is any change on the scheduled program it will be communicate at the beginning of the sesisons.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Individual | 67.5 | 2.7 | CA03, CA04, KA04, KA05, KA06, SA04, SA05, SA06 |
| Under supervision | 10 | 0.4 | CA03, CA04, KA04, KA05, KA06, SA04, SA05, SA06 |
| Lecturers | 56 | 2.24 | CA03, CA04, KA04, KA05, KA06, SA04, SA05, SA06 |
Regarding the subject of Economic Criminal Law:
a) for the preparation of each session, the student must previously read the material recommended for this purpose, which will be available on the virtual campus.
b) The classes:
- will begin with a synthetic exposition of the subject by the lecturer.
- During the presentation, or at the end of it, the doubts on the subject treated will be clarified.
- The solution of specific case studies will then be discussed.
- In almost all sessions, half an hour will be set aside for completing and discussing an assessment test on the subject of the day.
c) During the course, each student must solve a case study.
d) It is possible to attend tutorial sessions with the lecturer, subject to prior request by email.
When it comes to Commercial Litigation Practice: As in the previous section, there will be guided, supervised and independent activities.. The professor in charge of each on line group will plan the beginning of the course for the theoretical sessions and the most practical sessions on the development of discussion seminars and resolution of practical cases.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Theory and practical tests | 50% | 4 | 0.16 | CA03, CA04, KA04, KA05, KA06, SA04, SA05, SA06 |
| Exercises in class | 30% | 67.5 | 2.7 | CA03, CA04, KA04, KA05, KA06, SA04, SA05, SA06 |
| Assignments | 20% | 20 | 0.8 | CA03, CA04, KA04, KA05, KA06, SA04, SA05, SA06 |
The mark for Economic Criminal Law will be awarded according to the following criteria:
Exam (50%)
Final test: 20 questions, with 4 possible answers, only one correct, with no penalty for incorrect or unanswered questions.Continuous assessment (50%)
a) In-course test (30%): in each session
b) Comment on a judgment with an in-class presentation (20%).
The mark for Commercial Procedural Practice will be awarded on the basis of a written examination, which may consist of solving practical cases and/or answering questions on the syllabus, in accordance with the assessment activities outlined in the teaching guide.
RULES ON ASSESSMENT AND MARKING FOR THE COURSE
Exam Date
The date of the final exam for the course is scheduled in the Faculty's examination timetable.
The scheduling of assessment tests cannot be changed, unless there is an exceptional and duly justified reason why an assessment cannot take place. In this case, the programme directors, after consulting with the teaching staff and the student concerned, will propose a new date within the relevant teaching period (art. 115.1 Calendar of Assessment Activities, UAB Academic Regulations).
Assessment conditions
To sit the final examination, you must have attended at least 90% of classes.
Students will be eligible for assessment provided they have completed a set of activities with a combined weight equivalent to a minimum of two-thirds of the module's total mark. If the value of the activities completed does not reach this threshold, the module tutor may consider the student to be ineligible for assessment.
Conditions for re-assessment
To be eligible to sit the re-assessment, students must have obtained at least a mark of 3/10 in each of the assessed activities. Students who sit the resit examination will be capped at a maximum mark of 7 for the module.
Only the final multiple-choice test (50%) can be resat.
Continuous assessment activities cannot be re-assessed, as their purpose is to verify the knowledge acquired progressively throughout the course. However, in the event of illness or other unforeseen circumstances, an alternative arrangement may be made for the student concerned.
Exam Revision
Once the assessment has been communicated, a review may be requested so that the lecturer can explain the criteria applied to the student (art. 114.3 of the UAB Academic Regulations), without prejudice to the student's right to appeal the mark.Conditions for passing the module
To pass the module, the student must have participated in the various assessment activities, have obtained at least a 3.5/10 in the final exam and a 5/10 overall.
IMPORTANT: In the event that a student cheats, plagiarises, or is caught with a prohibited device in any assessment, the lecturer will mark them 0 for that assessment, and will report the incident to the Faculty Dean, submitting a report on the circumstances and evidence of the incident to request the opening of a potential disciplinary case against the student. This assessment will not be recoverable.
In the event that more than one irregularity occurs in the assessment for the same module, the final mark for that module will be 0.
Single Assessment
Students who opt for the single assessment will have to pass an examination consisting of 2 activities, to be completed in 3 hours on the day of the final examination:Final exam for the same class as the one taken in the continuous assessment system (weighting in the final mark: 50%).
Solution of 2 cases (weighting in the final mark: 50%).As with all other students, those opting for the single assessment will have the right to request to see the module leader during the scheduled tutorial hours throughout the semester.
The same resit system will be applied as for continuous assessmentThe same “not assessed” criterion as for continuous assessment will be applied.
Use of AI
Restricted use: "For this module, the use of Artificial Intelligence (AI) technologies is permitted exclusively for support tasks, such as bibliographic or information searching, text correction or translations.
Students must clearly identify which parts have been generated with this technology, specify the tools used and include a critical reflection on how these have influenced the process and the final outcome of the activity. A lack of transparency regarding the use of AI in this assessed activity will be considered academic dishonesty and may result in a partial or full penalty on the activity's mark, or more severe sanctions in more serious cases."
Bibliography
Economic Criminal Law
CUGAT MARI, Miriam/QUINTERO OLIVARES, Gonzalo, "Cuestiones de parte General del Derecho Penal Económico y de la Empresa", en Tratado de Derecho penal español. Parte General, Tirant lo Blanch, Valencia, 2026.
DE LA MATA BARRANCO, Norberto, et alt, Derecho penal económico y de la empresa, 2ª ed., Dykinson, 2024. (disponible online-campus virtual)
DEMETRIO CRESPO, Eduardo/NIETO MARTÍN, Adán (dirs.), Derecho Penal Económico y Derechos Humanos, Tirant lo Blanch, Valencia, 2018.
DEMETRIO CRESPO, Eduardo (dir)., Derecho Penal Económico y Teoría del Delito, Tirant lo Blanch, Valencia, 2020.
GALÁN MUÑOZ, Alfonso/NÚÑEZ CASTAÑO, Elena, Manual de derecho penal económico y de la empresa, 5ª ed., Tirant lo Blanch, 2023.
MARTÍNEZ-BUJÁN, Carlos, Derecho Penal Económico y de la Empresa Parte General, 6ª ed., Tirant lo Blanch, Valencia 2022.
MARTÍNEZ-BUJÁN, Carlos, Penal Económico y de la Empresa Parte Especial, 7ª ed., Tirant lo Blanch, Valencia 2023.
QUINTERO OLIVARES, Gonzalo (dir), Comentarios al Código Penal Español, 8ª ed., Aranzadi, Cizur Menor, 2024.
QUINTERO OLIVARES, Gonzalo, Els delictes econòmics, UOC, 2014.
SILVA SÁNCHEZ, Jesús María, Lecciones de derecho penal económico y de la empresa. Parte general y especial, 2ª ed., Atelier, Barcelona, 2023.
TIEDEMANN, Klaus, Manual de Derecho Penal Económico Parte General y Especial, Tirant lo Blanch, Valencia, 2010.
Commercial Litigation Practice
CACHÓN CADENAS, Manuel, Introducción al Enjuiciamiento civil, Atelier. Barcelona, 2021.
CACHÓN CADENAS, Manuel, La Ejecución procesal civil, Atelier, Barcelona, 2ª Ed. 2018.
DE LA OLIVA SANTOS, Andrés y Otros, Curso de derecho procesal civil, Ed. Universitaria Ramón Areces, last edition.
ORTELLS RAMOS, Manuel, Derecho Procesal Civil, Ed. Aranzadi,last edition
RAMOS MÉNDEZ, Francisco. Enjuiciamiento Civil. Cómo gestionar los litigios civiles, Ed. Atelier, 2008.
Software
The subject does not require any specific software.
Course groups and languages
The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE
| Type of teaching | Group | Language | Semester | Shift |
|---|---|---|---|---|
| (TEm) Theory (master) | 1 | Spanish | second semester | afternoon |