2023-2024 / DROI1268-1

Principles of criminal procedure

Duration

30h Th

Number of credits

 Master in law, professional focus in law and management3 crédits 
 Master in criminology (120 ECTS)5 crédits 
 Extra courses intended for exchange students (Erasmus, ...) (Faculty of Law, Political Science and Criminology)5 crédits 

Lecturer

Vanessa Franssen

Language(s) of instruction

French language

Organisation and examination

Teaching in the first semester, review in January

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

In this course, students will learn the fundamental notions and principles of general criminal law, and the main sources of Belgian criminal law. While this course does essentially focus on Belgian criminal law, it will occasionally also highlight the increased influence of European (criminal) law on the national legal system.
The course will then present the constituent elements of the offence and the rules of criminal liability, for both natural and legal persons, as well as the rules on accomplice liability and attempt.
Next, it will cover the different sanctions applicable to natural and legal persons, and will analyse the various factors influencing the legal penalties and sentences pronounced by the courts, before briefly examining the enforcement of sentences and its potential obstacles, as well as the deletion of convictions.
Finally, a closer look will be taken at the rules related to the scope of application of Belgian criminal law through space and time.
In order to make theoretical lectures more accessible, the relevance of theoretical notions and rules will be illustrated by means of case law examples and short real-world or ficticious cases. Furthermore, the theoretical presentations are completed by three sessions with practical exercises, including a mock exam (3 x 2h).

Learning outcomes of the learning unit

This course aims to teach students how to make appropriate use of the Criminal Code and other relevant statutes of criminal law and to use adequate legal terminology. It will help them understand and construct a basic legal argument.

Another of its goals is to provide insight into the logic and coherence of the criminal legal system, and to grasp the specificities of Belgian criminal law.

Finally, students will also learn to solve problems related to criminal law through short practical cases, and they will be encouraged to carry out a critical reflection on the subject matter.

Prerequisite knowledge and skills

Planned learning activities and teaching methods

As the course aims to teach the fundamental notions and principles of criminal law, as well as the general functioning of the criminal justice system, 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 or ongoing legislative amendments or in relation to topical case examples) 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 (6 x 2h) during which certain aspects of the theory will be explained once more by a student-assistant and small exercices will be made. Students who have never taken a legal course before are strongly advised to participate in these sessions to familiarise themselves with the legal terminology and the basics of legal argumentation.

Students will also have the possibility (and are strongly encouraged) to ask the professor questions during and after class, or via e-mail (but as a last resort), or to the student-assistants via the discussion forum on eCampus or another means of electronic communication during the semester.

Administrative questions should be addressed to Ms Julie Debroux.

Mode of delivery (face to face, distance learning, hybrid learning)

Blended learning


Additional information:

In principle, classes will be organised in person, on campus. Nevertheless, exceptionally, certain classes may be organised online (e.g. due to the general health situation).


Oral lectures will be backed by detailed PowerPoint presentations, which will be made available to students on eCampus, after each lecture. The slides of each lecture will indicate the relevant pages in the manual of Moreau and Vandermeersch, and will potentially also include suggestions for further reading.

The course consists in 24 hours of theoretical lectures and three classes with practical assignments, including a mock exam, which will help students prepare for the final exam. The schedule for these additional sessions will be set at the beginning of the semester. The same will be done for the additional sessions with the student-assistants (6 x 2h).

In order to help students in their learning process and to remedy the inevitable problem of coïnciding classes, all theoretical lectures and practical sessions will be recorded. The podcasts of each class will be available online until the end of the semester. That said, even if classes are recorded, it is highly recommended to attend class regularly.

Practical information regarding classes will be announced on eCampus. Students are expected to check this platform on a daily basis.

Recommended or required readings

Required/essential material:

T. Moreau and D. Vandermeersch, Eléments de droit pénal, Brussels, la Charte, 4th ed., 2022.

Code de droit pénal, Bruxelles, la Charte, 2023-2024.

Note: It is essential to purchase this year's code as the criminal law changes frequently.



Additional material:

PowerPoint presentations, detailed solutions of exercices, court decisions, and potentially also excerpts from newly enacted legislation. These documents will be uploaded to eCampus during the semester.

Furthermore, it is highly recommended to take personal notes during class.



Recommended basic reading materials:

A. Masset, Introduction au droit pénal et à la criminologie, Course material, Liège, ULiège, 24rd ed., 2022.

Exam(s) in session

Any session

- In-person

written exam ( multiple-choice questionnaire, open-ended questions )


Additional information:

The exam will be written, featuring both multiple-choice questions (potentially with justification of the selected answer) and practical case analyses. The assignments completed in class will give students a very concrete idea of the type of questions they will have at the exam.

During the exam, students may use their own code, and if need be, other (excerpts of) legislation. 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 other legislation may not be annotated (not by the publisher, nor by the students themselves). Students may underline and highlight passages in the code, but only full words. They may also use post-its (i.e. adhesive notes or bookmarks), provided that they are blank or only contain the title of a code or law or the number of a legal provision; they may not include any other information.

Work placement(s)

This course does not include an internship.

Organisational remarks and main changes to the course

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

Contacts

Teacher/Professor : Vanessa Franssen - vanessa.franssen@uliege.be
Secretariat : Julie Debroux - J.Debroux@uliege.be - 04/366.31.59

Association of one or more MOOCs

The MOOC entitled 'Introduction au Droit (D3)' is associated with this course.


Additional information:

It is useful to watch the 6 videos of the module on Criminal law of this MOOC at the beginning of the semester.

https://www.fun-mooc.fr/fr/cours/etudier-le-droit-une-introduction/