Compared 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

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

This course will not be organised in 2018-2019; however, it will be organised in 2019-2020.
The course will begin with a couple of introductory classes, which present the major families of criminal law and provide students with basic knowledge of comparative law as well as a methodological basis facilitating their own subsequent comparative research.
The course will then continue with interactive classes, offering a comparative perspective of the key components of the criminal procedure, such as the prosecuting authorities and the exercise of the powers of public prosecution, the relationship between the public prosecution and the civil action related to a criminal offence, the various phases of a criminal trial and their implications, investigative measures and powers, rules of evidence, and aspects of legal assistance in criminal matters. 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 learning unit

The main goals of this course are to develop the students' understanding of the notion of legal system and to 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.
What is more, this course will give students a unique opportunity to complete a truly comparative analysis in an interactive context, to share their knowledge and to take part in legal debates using appropriate legal terminology (while acknowledging that accurate translations are sometimes lacking), presenting their research both orally and in writing.

Prerequisite knowledge and skills

In order to follow this course, students must have completed a course on criminal law and criminal procedure, in Belgium or abroad. It is useful, but not essential, to have basic knowledge of comparative law.
Furthermore, considering the inherent international nature of the subject matter, it is highly desirable for students to be able to read and understand English. While all classes will be organised in French, the (required and suggested) course material will include texts in French and in English.

Planned learning activities and teaching methods

The course will include two introductory theoretical lectures, followed by one methodological session and thematic interactive classes with group discussions.

Before each interactive class, students will receive a reading assignment, comprising a couple of relevant texts on the topic that will be discussed in class. 
Furthermore, students will be asked to prepare a group presentation comparing their own legal system to at least two other legal systems (whether national, supranational or international). 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, depending on the specific subject.
Students will be required to attend a conference on comparative criminal law. The date and location of the conference will be communicated at the beginning of the semester.
To the extent possible, students will also attend a hearing at the EU Court of Justice in Luxembourg. Alternatively, one session could be taught by a foreign guest lecturer.

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

The introductory theoretical lectures will be supported by detailed PowerPoint presentations, available to students on MyULg after each lecture.
Apart from those introductory theoretical lectures, the course will consist in interactive classes, requiring students to prepare the content based on reading assignments (usually, they will have to read in advance one or two scholarly articles and one or two judgments). Therefore, attendance of all classes and personal interventions are required.
Students will carry out comparative research, preferably in small groups, and prepare a presentation of their research. After the presentation in class, they will prepare a paper based on their research, which they will have to hand in two weeks later.
 

Recommended or required readings

Required/essential material:
Students will receive a list of relevant legislation, scholarly literature and case law at the beginning of the semester.
Considering the inherent international nature of the subject matter, this list will contain references in both French and English.
Recommended reading:
Students will also receive suggestions for further reading.

Assessment methods and criteria

Students will be evaluated in three steps.
First, their personal interventions during the interactive classes will be taken into account (1/4 of the final grade).
Second, they will receive a mark for the presentation of their research, as well as for the paper which reflects the results of this research and which they will have to submit two weeks after the presentation (1/2 of the final grade).
Finally, they will sit a (short) written exam in June (1/4 of the final grade).
Students who do not pass the June exam will be required to take a more substantial written examen in August/September.

Work placement(s)

This course does not include an internship.

Organizational remarks

This course is only offered during odd years (2017-2018, 2019-2020, etc.).
Students are required to attend classes and to participate actively. 

Contacts

Teacher/professor : Vanessa Franssen - vanessa.franssen@uliege.be
Assistant : Anne Werding - as of 1 October 2018
Secretariat : Julie Debroux - J.Debroux@uliege.be - 04/366.31.59