Duration
30h Th
Number of credits
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
This course will offer a general and summarized presentation of the criminal process in Belgium.
More specifically, the course will tackle the following topics: the prosecuting authorities, the exercise of the powers of public prosecution and of the civil action related to a criminal offence; the pre-trial stage (including the distinction between the preliminary investigation and the judicial investigation, investigative measures, pre-trial detention and the end of the investigation); the trial stage (including issues related to the judge's jurisdiction and referral, rights of the defence, rules of evidence, the hearing, and the delivery of the verdict); legal remedies; the principle of res judicata, the statute of limitations and, finally, some simplified or alternative procedures.
In order to make theoretical lectures more accessible, the relevance of theoretical notions and rules will be illustrated using short cases. In addition, 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 Code of Criminal Procedure and other relevant statutes of criminal procedure, and to use the appropriate legal terminology.
It also helps students understand the logic of the legal system in the context of criminal procedures, and especially the differences between the various phases of a criminal trial and the considerable resulting consequences. The course also aims to make students aware of the impact of supranational and international legislation and case law on Belgian criminal procedure.
Finally, students will also learn to solve problems related to criminal procedure through short cases, and they will be encouraged to carry out a critical reflection on the subject.
Prerequisite knowledge and skills
Prerequisites: Principles of criminal law (DROI1268-1).
Planned learning activities and teaching methods
As the course aims to teach the fundamental notions, distinctions, and principles of criminal procedure, 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 (4 x 2h) during which certain aspects of the theory will be explained once more by a student-assistant and small exercices will be made.
They 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:
The 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 course material, and may also include suggestions for further reading in other handbooks.
The course consists in 24 hours of lectures and three classes with practical assignments, including a mock exam, which will prepare students 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 (4 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 podcasted. 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 supposed to check this platform on a daily basis.
Students may also be invited to attend a conference.
Recommended or required readings
Required/essential material:
V. Franssen et S. Vandeweerd, Principes de procédure pénale, Course material, Liège, Presses universitaires de Liège, 6th ed., 2024 (forthcoming).
Code de droit pénal, Bruxelles, la Charte, 2023-2024.
Note: It is essential to purchase this year's code as the criminal procedure changes frequently.
Additional material:
PowerPoint presentations, detailed solutions of exercices 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 in class.
Recommended reading/useful references - Handbooks:
M.-A. Beernaert, H.-D. Bosly and D. Vandermeersch, Droit de la procédure pénale, 9th ed., Bruges, La Charte, 2021.
M. Franchimont, A. Jacobs and A. Masset, Manuel de procédure pénale, Brussels, Larcier, 4th ed., 2012.
O. Michiels and G. Falque, Principes de procédure pénale, Brussels, Larcier, 2th ed., 2022.
D. Vandermeersch, Eléments de droit pénal et de procédure pénale, Brussels, la Charte, 5th ed., 2015.
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 encounter at the exam.
During the exam, students may use their own code, and if need be, other laws. Other documents (PowerPoint slides, course material, 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 laws may not be annotated (not by the publisher, nor by the students). Students may underline and highlight passages in the code, but only full words. They may also use adhesive notes or bookmarks, provided that they are blank or only contain the title of a code or law or an article number; 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
Assistant :
Solène Vandeweerd - solene.vandeweerd@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:
https://www.fun-mooc.fr/fr/cours/etudier-le-droit-une-introduction/