DROI2355-1 : Criminal procedure

Study Programmes 2015-2016

DROI2355-1

Criminal procedure

Duration :

30h Th, 15h Pr

Number of credits :

Bachelor in law		4
Master in law, professional focus in management		4
Master in law (120 ECTS)		3
Master in law (120 ECTS)		4

Lecturer :

Olivier Michiels

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 :

The objective of the course on the principles of criminal procedure is to give a general and summarised presentation of the court process in criminal trials before Belgian courts.
On this occasion, the following topics will be examined in turn: public action, civil action preliminary information, instruction, remand, verdict, remedies, res judicata, evidence, rights of the defence and international criminal law.

Learning outcomes of the course :

This course has two main objectives. The first is to provide students with the necessary tools to find their way through the various phases of the procedure, and to see the rights of the parties present - or represented, if applicable - during the trial. To this end, in addition to traditional classes on substantive law, students will be presented with actual cases through practical work labs, procedure files and talks by professionals in the field. After highlighting the realities and the practical challenges involved, the course will place particular emphasis on the reasoning method and the potential concrete reflection processes that lead to a legally defensible solution.
The second objective is to develop students' critical thinking skills, as they are encouraged to approach the rules of procedural law from a dynamic perspective, including be reflecting upon the compatibility of said rules with the fundamental freedoms granted by international regulations. The procedure cannot currently be understood without taking into account the considerable contribution of the European Court of Human Rights' case law, whose immediate and practical consequences on Belgium's legal order are undeniable.
Rather than memorise a set of rules - whose practical implications might elude them -, students are taught to develop the right habits to identify problems and attempt to solve them.

Prerequisite knowledge and skills :

Planned learning activities and teaching methods :

In addition to lectures, some sessions will be devoted to practical exercises.

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

The course will be held at Sart-Tilman. The exact place will be communicated to the students at a later date.