Principles of Criminal Procedure

Duration

30h Th

Number of credits

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

Learning unit contents

This course will offer a general and summarized presentation of the criminal process in Belgium.
More specifically, the course will tackle the following topics: the prosecuting authorities, the exercise of the powers of public prosecution and of the civil action related to a criminal offence; the pre-trial stage (including the distinction between the preliminary investigation and the judicial investigation, investigative measures, pre-trial detention and the end of the investigation); the trial stage (including issues related to the judge's jurisdiction and referral, rights of the defence, rules of evidence, the hearing, and the delivery of the verdict); legal remedies; and the principle of res judicata.  
In order to make theoretical lectures more accessible, the relevance of theoretical notions and rules will be illustrated using short practical cases. In addition, theoretical presentations are completed by three sessions with practical exercises (3 x 2h).

Learning outcomes of the learning unit

This course aims to teach students how to make appropriate use of the Code of Criminal Procedure and other relevant statutes of criminal procedure, and to use the 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 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.

Prerequisite knowledge and skills

Prerequisites: Principles of criminal law (DROI1268-1).

Planned learning activities and teaching methods

As the course aims to teach the fundamental notions, distinctions, and principles of criminal procedure, much of it will consist in theoretical lectures. 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 (for instance, about recent legislative amendments) and to communicate using the appropriate legal terms.
The theoretical lectures will be completed by practical sessions with exercises, through which students will learn to use and combine the various sources and rules of criminal law. These exercises will also enable the teacher 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 exercices are an essential addition to the lectures.
Furthermore, if they wish, students can attend additional sessions where certain aspects of the theory will be explained once more by a student-assistant, and/or ask questions during the contact hours of the student-assistant.

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

The lectures will be backed by detailed PowerPoint presentations, which will be made available to students on MyULg, after each lecture. The slides of each lecture will indicate the relevant pages in the manual of Vandermeersch, and will also include suggestions for further reading in other handbooks.
The course consists in 24 hours of lectures and three classes with practical assignments, including a mock exam, which will prepare students for the final exam. The schedule for these additional sessions will be set at the beginning of the semester.

Recommended or required readings

Required/essential material: V. Franssen and S. Vandeweerd, Principes de procédure pénale, Course material, Liège, ULiège, 2018 (forthcoming).
Additional material: PowerPoint presentations, detailed correction of exercises and personal class notes. The PowerPoint presentations will be uploaded to MyULg (under "supports de cours") during the semester.
Recommended reading - Handbooks:
M. Franchimont, A. Jacobs and A. Masset, Manuel de procédure pénale, Brussels, Larcier, 4th ed., 2012;
O. Michiels and G. Falques, Procédure pénale, Course material, 5th edition, Liège, ULiège, 2016-2017.
D. Vandermeersch, Eléments de droit pénal et de procédure pénale, 5th edition, Bruxelles, la Charte, 2015.
F. Verbruggen and R. Verstraeten, Strafrecht & strafprocesrecht voor bachelors, Antwerp-Apeldoorn, Maklu, 2 volumes, 2017.

Assessment methods and criteria

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 questions they will encounter at the exam.
During the exam, students may use their own code, and if need be, other laws. Other documents (PowerPoint slides, personal notes,etc.) 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 (not by the publisher, nor by the students). Students may underline and highlight passages in the code, but only full words. They may also use adhesive notes or bookmarks, provided that they are blank or only contain the title of a code or law or an article number; they may not include any other information.

Work placement(s)

This course does not include an internship.

Organizational remarks

Students should bring their code to class and make active use of it.

Contacts

Teacher/professor : Vanessa Franssen - vanessa.franssen@ulg.ac.be
Assistants :
Solène Vandeweerd (as of 1st of October 2017)
Géraldine Falque - geraldine.falque@ulg.ac.be
Pierre Monville - pierre.monville@ulg.ac.be
Secrétariat : Julie Debroux - J.Debroux@ulg.ac.be - 04/366.31.59

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