DROI1305-1 : Compared Criminal Procedure

Study Programmes 2015-2016

DROI1305-1

Compared Criminal Procedure

Duration :

30h Th

Number of credits :

Master in law (120 ECTS)		6
Master in law (120 ECTS)		6
Extra courses intended for exchange students (Erasmus, ...)		6

Lecturer :

Vanessa Franssen

Language(s) of instruction :

French language

Organisation and examination :

Teaching in the second semester

Units courses prerequisite and corequisite :

Prerequisite or corequisite units are presented within each program

Course contents :

This course is only offered during odd years (2017-2018, 2019-2020, etc.). The course begins with a few introductory classes, which present the major families of criminal law and provide students with basic knowledge of comparative law. The course will then continue with more interactive classes, offering a comparative perspective of the key components of the criminal procedure, such as the targets and exercise of public action, the relationship between public action and civil action related to an infraction, the various phases of a criminal trial and their implications, investigative measures and powers, evidence rules, and aspects of legal assistance in criminal law. These interactive classes are offered in tandem with individual or group research activities (depending on how many students have enrolled to the course) and group presentations and discussions.

Learning outcomes of the course :

The main goals of this course are to develop the students' understanding of the notion of legal system and teach them the main characteristic features of various criminal systems in Europe and beyond, taking into account the European and international context. This will give students better insight not only into the inner workings of their own system, but also into the occasionally strained relationships between different systems, as well as into the evolutions resulting from the European (and international) legislation and case law. This course will give students an opportunity to complete a truly comparative analysis in an interactive context, share their knowledge and take part in legal debates using appropriate legal terminology (while acknowledging that accurate translations are sometimes lacking), presenting their research orally and in writing.

Prerequisite knowledge and skills :

In order to follow this course, students must have completed courses in criminal law and criminal procedure, in Belgium or abroad. It would be useful, but not essential, to have basic knowledge of comparative law.

Planned learning activities and teaching methods :

The course will include a few introductory lecture classes, followed by interactive classes with group discussions. Students will be asked to prepare a presentation comparing their own legal system to another national, supranational or international legal system. These presentations can feature a transversal analysis of a system, or a more in-depth analysis centred on a specific aspect of the criminal procedure. Students will also be invited to attend a study day or a conference.

Mode of delivery (face-to-face ; distance-learning) :

Oral lectures will be supported by detailed PowerPoint presentations, available to students on MyULg. Students will carry out research, either individually or in groups, in order to prepare their presentations. Part of the course consists in seminars, requiring that students prepare the content and complete personal research. Therefore, attendance is mandatory.