Criminal procedure
- UE code DROIB311
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Schedule
30Quarter 2
- ECTS Credits 3
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Language
Français
- Teacher
Specific skills : 1. Understand the concepts, rules and principles governing criminal investigations, criminal trials and appeals; 2. From the light of legislative, jurisprudential and doctrinal sources, build a rigorous analysis and critically reflect on the solutions that criminal procedure law provides for different situations; 3. To move from the abstraction of the norm to the concrete fact and, conversely, to transform a field problem into legal questions, notably through illustrations drawn from current events and case law as well as the resolution of practical cases; 4. To become aware of the relative and evolving nature of legal solutions and the controversies they may generate in criminal procedure law. Cross-cutting competences : 1. Stimulating group work (preparation of flipped classes) ; 2. Public speaking (especially in flipped classes) ; 3. Defend a point of view in an argumentative way (when analysing decisions or solving cases); 4. Enriching the material taught by personal interventions (orally in class); 5. Use the French language as a tool for legal thinking and master legal terminology; 6. Mobilise specific language skills in Dutch, at least receptively; 7. To awaken or reinforce interest in current affairs ; 8. Valuing the commitment to the defence of fundamental rights ; 9. Gradually gain confidence and autonomy in the work.
The objectives of the course are to ensure a rigorous mastery of the learning outcomes by the student.
The course deals with the actions, both public and civil, arising from the criminal offence. It analyses the rules governing the criminal trial, from the preliminary phase to the judgment phase, as well as the means of appeal.
This is a written examination. In addition to the content of the introductory book on criminal procedure, the examination material includes everything that has been covered in the course and in the reversal classes. The teacher specifies which parts of the book, if any, are not part of the examination material. The questions contain several legal terms in Dutch but the answer must always be given in French. The examination consists of multiple choice or true/false questions with a brief justification of the answer and an indication of the applicable legal basis. Questions requiring a focused and fairly brief response may also be asked, calling for precision and reasoning skills. The examination may also include restitution questions such as definitions or a comparison between different concepts, or a case to be solved or a case law decision to be commented on. A more open-ended question of personal reflection may also be asked. The examination takes place in a lecture theatre and lasts a maximum of 2.5 hours. 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. Advice is given to students on how to best prepare for the type of questions asked. The answers to the previous year's exams are available to students on webcampus. Depending on the evolution of the health situation, certain adjustments may be made to the examination format. 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.
The teaching is based on a common work by UNamur, U.C.L, U.L.B. and Saint-Louis (M.-A. BEERNAERT, N. COLETTE-BASECQZ, Ch. GUILLAIN, L. KENNES, O. NEDERLANDT and D. VANDERMEERSCH, Introduction to the (Brussels: La Charte, 2021). The student also has his or her own examination code, which may not contain any annotations. New legislation and case law (some of which may be in Dutch) seen in the course are made available to students on the webcampus, as well as videos, Powerpoint slides and an addendum with changes to the subject. The most important legal terms are translated into Dutch on the Powerpoint slides and can also be found in a FrenchDutch lexicon available on webcampus
Training | Study programme | Block | Credits | Mandatory |
---|---|---|---|---|
Bachelor in Law | Standard | 0 | 3 | |
Bachelor in Law | Standard | 3 | 3 |