Criminal procedure [DROIB311]

3 credits
30h
2^nd quarter
Language of instruction: French / Français
Teacher: Basecqz Nathalie

Learning outcomes

Specific skills : 1. Understand the concepts, rules and principles governing criminal investigations, criminal trials and appeals; 2. From the light of legislative, jurisprudential and doctrinal sources, build a rigorous analysis and critically reflect on the solutions that criminal procedure law provides for different situations; 3. To move from the abstraction of the norm to the concrete fact and, conversely, to transform a field problem into legal questions, notably through illustrations drawn from current events and case law as well as the resolution of practical cases; 4. To become aware of the relative and evolving nature of legal solutions and the controversies they may generate in criminal procedure law. Cross-cutting competences : 1. Stimulating group work (preparation of flipped classes) ; 2. Public speaking (especially in flipped classes) ; 3. Defend a point of view in an argumentative way (when analysing decisions or solving cases); 4. Enriching the material taught by personal interventions (orally in class); 5. Use the French language as a tool for legal thinking and master legal terminology; 6. Mobilise specific language skills in Dutch, at least receptively; 7. To awaken or reinforce interest in current affairs ; 8. Valuing the commitment to the defence of fundamental rights ; 9. Gradually gain confidence and autonomy in the work.

Objectives

The objectives of the course are to ensure a rigorous mastery of the learning outcomes by the student.

Content

The course deals with the actions, both public and civil, arising from the criminal offence. It analyses the rules governing the criminal trial, from the preliminary phase to the judgment phase, as well as the means of appeal.

Co-requisites

The teaching units from one of the following lists:

Droit pénal [DROIB214]
Principes de droit judiciaire privé [DROIB216]

Teaching methods

The teaching methods and the mode of evaluation are made explicit from the first lesson of the year. The pedagogical approach is both analytical and critical, allowing for reflection on social issues closely related to criminal procedure law. Active participation of students is expected. Some parts of the course are taught using the lecture method while others are taught using the flipped classroom model, which requires students to prepare the lesson in advance according to specific instructions received from the teacher. The flipped classroom aims to develop several skills: speaking in public, interacting with the group, acquiring selfconfidence and autonomy in learning, conducting research, defending a point of view in an argumentative manner, improving one's command of the French language, etc. During the reversed classes, students must solve practical cases, answer questions involving legal analysis and personal reflection in relation to illustrations drawn from current events and case law. In addition, at the end of some chapters, summary questions and cross-cutting questions test students' in-depth understanding of the subject and the accuracy of their legal reasoning. The questions are posted on webcampus at least one week before the flipped class. Students are invited to prepare the exercises on their own or in small groups and to read in advance the pages of the book that deal with the subject matter covered in the flipped classroom. In the flipped classroom, several students present the answers to the questions to the whole audience, interacting with the teacher and the audience. Online voting (wooclap) takes place regularly, both in the lecture and in the flipped classroom, so as to involve the whole audience. Powerpoint slides are used for the presentation of the course, on which the main legal terms are translated into Dutch. Students must be able to translate these terms from Dutch into French. A lexicon is also available on the webcampus. Exercises are offered via t h e webcampus Test tool. Short videos will be posted on the webcampus to help students understand the material. Once or twice during the academic year, external lecturers will be invited to the course to present a topic in criminal procedure law from a more practical point of view. A presentation in Dutch on a specific topic or a case law decision can also be organised during a course, possibly with the help of one or more Dutch-speaking students in the audience. A written support (text or powerpoint) will be made available to the students on the webcampus in order to facilitate the understanding of the interventions. The teacher will always be available to answer students' questions during the course and at the end of the course.

Evaluations

This is a written examination. In addition to the content of the introductory book on criminal procedure, the examination material includes everything that has been covered in the course and in the reversal classes. The teacher specifies which parts of the book, if any, are not part of the examination material. The questions contain several legal terms in Dutch but the answer must always be given in French. The examination consists of multiple choice or true/false questions with a brief justification of the answer and an indication of the applicable legal basis. Questions requiring a focused and fairly brief response may also be asked, calling for precision and reasoning skills. The examination may also include restitution questions such as definitions or a comparison between different concepts, or a case to be solved or a case law decision to be commented on. A more open-ended question of personal reflection may also be asked. The examination takes place in a lecture theatre and lasts a maximum of 2.5 hours. 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. Advice is given to students on how to best prepare for the type of questions asked. The answers to the previous year's exams are available to students on webcampus. Depending on the evolution of the health situation, certain adjustments may be made to the examination format. 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.

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	3	3