The teaching of criminal law and procedure aims to train students to master the rules governing offences and repression in general, as well as those governing criminal trials and appeals.
The objectives of the course are to provide basic training in general criminal law and criminal procedure, with an emphasis on precision and legal rigour, while at the same time encouraging critical questioning based on illustrations drawn from case law, current events and practical cases.
The teaching of criminal law covers the general principles of criminal law and includes the rules that determine the general conditions of criminality, liability and punishment. The teaching of criminal procedure deals with the actions, both public and civil, arising from the criminal offence. It analyses the rules governing the criminal trial, from the preparatory phase to the trial phase. The remedies are also examined.
This is a written examination in January. In addition to the content of the textbook on general criminal law and the introductory book on criminal procedure, the examination material includes everything that has been covered in the course (including more recent legislation and new case law). The teacher specifies which parts, if any, would not be part of the examination material. The examination, which lasts a maximum of 3 hours, consists in principle of four questions, distributed as follows • One question, aimed at accuracy and reasoning skills, including "true or false" sub-questions with justification of the answer and reference to the applicable legal provision; • A question consisting of an analysis of a decision allowing to make, in a transversal way, links with different issues of criminal law and criminal procedure; • A restitution question on definitions or a comparison between several concepts of criminal law and/or criminal procedure; • A question consisting of a small case study to be solved, assessing the ability to apply the rules of criminal law and procedure to concrete cases. A more open-ended question for personal reflection may also be asked. Students must bring their bac code, which may not contain any annotations. The distribution of marks is indicated next to each question. The final score is not purely arithmetical and depends on the teacher's overall assessment of the paper. An official answer key is available to students on webcampus. In the first few lessons, the teacher will present the examination procedures and emphasise the evaluation criteria. In the last class before the exam, sample questions will be provided and advice will be given to the students in order to best prepare for the type of questions asked. Depending on the evolution of the health situation, certain adjustments can be made to the examination format. An oral examination, the modalities of which would be specified, could also be organised. The evaluation criteria are as follows; • Understanding and mastery of the material, • Ability to solve concrete cases correctly, • Rigour, clarity, precision, coherence and structure of the answer to the question asked. As the course is given in the first semester, the examination will only take place in January and students will not have a choice between the January and June sessions.
The course materials consist, on the one hand, of a manual of general criminal law (N. COLETTE-BASECQZ and N. BLAISE, Manuel de droit pénal général, 4th ed, Limal, Anthémis, 2019) and, on the other hand, an introduction to criminal procedure (M.-A. BEERNAERT, N. COLETTE-BASECQZ, Ch. GUILLAIN, L. KENNES, O. NEDERLANDT and D. VANDERMEERSCH, Introduction à la procédure pénale, 8th ed, Brussels, La Charte, 2021). New legislation and case law from the course are made available to students on the webcampus, as well as Powerpoint slides and other materials to illustrate the subject.
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Bachelier en droit (horaire décalé) | Standard | 0 | 12 | |
| Bachelier en droit (horaire décalé) | Standard | 2 | 12 |