Study Programmes 2015-2016
| DROI1299-1 | ||||||||||||||
| Principles of Criminal Procedure | ||||||||||||||
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Duration :
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| 30h Th | ||||||||||||||
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Number of credits :
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Lecturer :
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| Vanessa Franssen | ||||||||||||||
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Language(s) of instruction :
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| French language | ||||||||||||||
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Organisation and examination :
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| Teaching in the second semester | ||||||||||||||
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Units courses prerequisite and corequisite :
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| Prerequisite or corequisite units are presented within each program | ||||||||||||||
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Course contents :
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| The course on the principles of criminal procedure will offer a general and summarized presentation of the process involved in a criminal trial in Belgium. More specifically, the course will tackle the following topics: the targets and exercise of public action and of civil action related to an infraction; the investigation phase (including the distinction between preliminary information and preliminary investigation, investigative measures, pre-trial detention and investigation termination); the judgement phase (including issues related to the judge's jurisdiction and referral, rights of the defence, rules of evidence, the hearing, and the delivery of the decision); appeals; and the authority of the judgment entered. In order to make lectures more accessible, the relevance of theoretical rules and distinctions will be illustrated using short practical cases. In addition, theoretical presentations are completed by concrete exercises. | ||||||||||||||
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Learning outcomes of the course :
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| This course aims to teach students how to make appropriate use of legal texts and use appropriate legal terminology. It also helps students understand the logic of the legal system in the context of criminal procedures, and especially the differences between the various phases of a criminal trial and the considerable resulting consequences. The course also aims to make students aware of the impact of supranational and international legislation and case law on the Belgian criminal procedure. Finally, students will also learn to solve problems related to criminal procedure through short practical cases, and they will be encouraged to carry out a critical reflection on the subject. | ||||||||||||||
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Prerequisite knowledge and skills :
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| Prerequisites: Principles of criminal procedure (DROI1268-1) | ||||||||||||||
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Planned learning activities and teaching methods :
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| As the course aims to teach the fundamental notions, distinctions, and principles of criminal procedure, much of it will consist in lecture classes. However, these lectures will be associated as much as possible with a more interactive (or Socratic) method, in order to encourage students to think critically and to communicate using the appropriate legal terms. Courses will be completed by practical assignments, through which students will learn to use and combine the various sources of criminal procedure. These assignments will also enable teachers to make sure students have understood the lectures, and will teach students how to use their knowledge in real-world situations. Finally, they also prepare students for their final exam. This means the assignments are an essential addition to the lecture classes. | ||||||||||||||
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Mode of delivery (face-to-face ; distance-learning) :
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| Oral lectures will be supported by detailed PowerPoint presentations, available to students on MyULg. Students will be encouraged to read additional material. When such material is required and included in the content covered at the exam, students will be notified in class. The lecture classes will be completed by two classes with practical assignments, which will prepare students for the final exam. | ||||||||||||||
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Recommended or required readings :
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| Required material: PowerPoint presentations and personal class notes.
Recommended reading - reference books: - M. Franchimont, A. Jacobs and A. Masset, Manuel de procédure pénale, Brussels, Larcier, 4th ed., 2012; - D. Vandermeersch, Eléments de droit pénal et de procédure pénale, Brussels, la Charte, 5th ed., 2015; - F. Verbruggen and R. Verstraeten, Strafrecht & strafprocesrecht voor bachelors, Antwerp-Apeldoorn, Maklu, 2 volumes, 2014, 531 p. |
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Assessment methods and criteria :
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| The exam will be written, featuring both multiple-choice questions and practical case analyses. The assignments completed in class will give students a very concrete idea of the type of question they will encounter at the exam. During the exam, students may use their own code. Other documents (PowerPoint slides, personal notes) will however not be allowed. In order to ensure optimal usage of the code, references to other legal provisions will be accepted. Any other information will not be tolerated, and codes and laws may not be annotated. Students may highlight and underline passages in the code, but only full words. They may also use adhesive notes or bookmarks, provided they contain only the title of a code or law; they may not include any other information. | ||||||||||||||
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Work placement(s) :
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| This course does not include an internship. | ||||||||||||||
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Organizational remarks :
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| Students should bring their code to class and make active use of it. | ||||||||||||||
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Contacts :
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| Teacher/professor : Vanessa Franssen - vanessa.franssen@ulg.ac.be
Assistants : Géraldine Falque - geraldine.falque@ulg.ac.be Elodie Jacques - e.jacques@ulg.ac.be Pierre Monville - pierre.monville@ulg.ac.be Secrétariat : Alice Petré - g.petre@ulg.ac.be / Julie Debroux - J.Debroux@ulg.ac.be - 04/366.31.59 |
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