Criminal law and procedure [DRHDB201]

Teaching methods

The subject matter is taught using the lecture method, while allowing for interaction with the students. The lecture presents the material in a logical and practice-oriented way. It therefore does not necessarily follow the more theoretical structure of the two books. Several issues from both criminal law and criminal procedure are dealt with together in some lessons. Students are provided with information on the relevant parts of the subject matter in the two reference books (the General Criminal Law textbook and the Introduction to Criminal Procedure). The active participation of students is based on illustrations drawn from current events and case law. Students are also given case studies to compare theory with practice. At the end of some chapters, tests will allow them to check their mastery of the subject. The pedagogical approach is both analytical and critical, allowing for reflection on social issues closely related to criminal law and procedure. External speakers (notably from the judiciary or the bar) are invited to present one or other issue relating to criminal law or criminal procedure. Links are also made between the different legal subjects and the humanities. As part of a cross-faculty project on the theme of childhood and migration, the "Mawda" case and the court decisions to which it gave rise will provide a concrete and nuanced approach to several notions of criminal law and procedure. The students will be invited, on the basis of questions that will be put to them throughout the lessons, to reflect on the different solutions that criminal law has in store for the situations encountered. Powerpoint slides are used for the presentation of the course, on which the main legal terms are translated into Dutch. The slides are made available to the students on the webcampus. Short videos will be posted on the webcampus to help students understand the material.

Evaluations

This is a written examination in January. In addition to the content of the textbook on general criminal law and the introductory book on criminal procedure, the examination material includes everything that has been covered in the course (including more recent legislation and new case law). The teacher specifies which parts, if any, would not be part of the examination material. The examination, which lasts a maximum of 3 hours, consists in principle of four questions, distributed as follows • One question, aimed at accuracy and reasoning skills, including "true or false" sub-questions with justification of the answer and reference to the applicable legal provision; • A question consisting of an analysis of a decision allowing to make, in a transversal way, links with different issues of criminal law and criminal procedure; • A restitution question on definitions or a comparison between several concepts of criminal law and/or criminal procedure; • A question consisting of a small case study to be solved, assessing the ability to apply the rules of criminal law and procedure to concrete cases. A more open-ended question for personal reflection may also be asked. Students must bring their bac code, which may not contain any annotations. The distribution of marks is indicated next to each question. The final score is not purely arithmetical and depends on the teacher's overall assessment of the paper. An official answer key is available to students on webcampus. In the first few lessons, the teacher will present the examination procedures and emphasise the evaluation criteria. In the last class before the exam, sample questions will be provided and advice will be given to the students in order to best prepare for the type of questions asked. Depending on the evolution of the health situation, certain adjustments can be made to the examination format. An oral examination, the modalities of which would be specified, could also be organised. The evaluation criteria are as follows; • Understanding and mastery of the material, • Ability to solve concrete cases correctly, • Rigour, clarity, precision, coherence and structure of the answer to the question asked. As the course is given in the first semester, the examination will only take place in January and students will not have a choice between the January and June sessions.

Recommended readings

The course materials consist, on the one hand, of a manual of general criminal law (N. COLETTE-BASECQZ and N. BLAISE, Manuel de droit pénal général, 4th ed, Limal, Anthémis, 2019) and, on the other hand, an introduction to criminal procedure (M.-A. BEERNAERT, N. COLETTE-BASECQZ, Ch. GUILLAIN, L. KENNES, O. NEDERLANDT and D. VANDERMEERSCH, Introduction à la procédure pénale, 8th ed, Brussels, La Charte, 2021). New legislation and case law from the course are made available to students on the webcampus, as well as Powerpoint slides and other materials to illustrate the subject.

Language of instruction

French / Français

Location for course

NAMUR

Organizer

Faculté de droit
Rue de Bruxelles, 61
5000 NAMUR

Degree of Reference

Undergraduate Degree

	Block	Credits
Bachelier en droit (horaire décalé)	2	12