Duration
30h Th, 15h Pr
Number of credits
| Bachelor in law | 4 crédits |
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the second semester
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit 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 learning unit
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.
Recommended or required readings
Students will have access to a syllabus. It will be available at the point de vue (viewpoint) and online on Orbi. Students are advised to refer to the "Manuel de procédure pénale" by M. Franchimont, A. Jacobs and A. Masset published in 2012 by Larcier, which will form the basis of the course, as well as the book by Olivier Michiels, "La jurisprudence de la Cour constitutionnelle en procédure pénale: le Code d'instruction criminelle remodelé par le procès équitable?" published by Anthemis (this work serves as a basis for special procedural questions).
Assessment methods and criteria
Students will sit an oral exam.
Work placement(s)
Organizational remarks
Students may bring their codes to the exam. It may have cross-references, be highlighted and have post-it notes.
Contacts
Adaptation of teaching commitments following the COVID-19 pandemic for the May-June 2020 session
Teaching methods implemented : distance-learning
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Assessment subjects
QCM
Assessment methods
Contacts
Adaptation of teaching commitments following the COVID-19 pandemic for the Aug-Sept 2020 session
Assessment subjects
Nihil