2023-2024 / DROI1305-1

Compared criminal procedure

Duration

24h Th

Number of credits

 Master in criminology (120 ECTS) (Odd years, organized in 2023-2024) 5 crédits 
 Master in law (120 ECTS) (Odd years, organized in 2023-2024) 5 crédits 
 Extra courses intended for exchange students (Erasmus, ...) (Faculty of Law, Political Science and Criminology) (Odd years, organized in 2023-2024) 5 crédits 

Lecturer

Vanessa Franssen

Language(s) of instruction

French language

Organisation and examination

Teaching in the second semester

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

The course will begin with a couple of introductory classes, which present the major families of criminal law and provide students with basic knowledge of comparative law as well as a methodological basis facilitating their own subsequent comparative research.

The course will then continue with interactive classes, offering a comparative perspective of the key components of the criminal procedure, such as the prosecuting authorities and the exercise of the powers of public prosecution, the relationship between the public prosecution and the civil action related to a criminal offence, the various phases of a criminal trial and their implications, investigative measures and powers, rules of evidence, and aspects of legal assistance in criminal matters. Some classes may also focus on certain aspects of substantive criminal law.

These interactive classes are offered in tandem with individual or group research activities (depending on how many students have enrolled to the course) and group presentations and discussions.

Learning outcomes of the learning unit

The main goals of this course are to develop the students' understanding of the notion of legal system and to teach them the main characteristic features of various criminal systems in Europe and beyond, taking into account the European and international context. This will give students better insight not only into the inner workings of their own system, but also into the occasionally strained relationships between different systems, as well as into the evolutions resulting from the European (and international) legislation and case law.
What is more, this course will give students a unique opportunity to complete a truly comparative analysis in an interactive context, to share their knowledge and to take part in legal debates using appropriate legal terminology (while acknowledging that accurate translations are sometimes lacking), presenting their research both orally and in writing.

Prerequisite knowledge and skills

In order to follow this course, students must have completed a course on criminal law and criminal procedure, in Belgium or abroad. It is useful, but not essential, to have basic knowledge of comparative law.
Furthermore, considering the inherent international nature of the subject matter, it is highly desirable for students to be able to read and understand English. While all interactive classes will be organised in French, the (required and suggested) course material will include texts in French and in English. The guest lectures may be dispensed in French or in English, depending on the language preferred by the guest lecturer.

Planned learning activities and teaching methods

The course will include two introductory theoretical lectures, followed by one methodological session and thematic interactive classes with group discussions.

Before each interactive class, students will receive a reading assignment, comprising a couple of relevant texts on the topic that will be discussed in class. These texts will be uploaded on eCampus at least two weeks ahead.

Furthermore, students will be asked to prepare a group presentation comparing their own legal system to at least two other legal systems (whether national, supranational or international). These presentations can feature a transversal analysis of a system, or a more in-depth analysis centred on a specific aspect of the criminal procedure, depending on the specific subject.

This course will also include one or more guest lectures given by a visiting professor or researcher. These lectures may be held in French or in English, depending on the language preference of the guest lecturer. Or, alternatively, students may also be invited to attend a conference on comparative criminal law, (co-)organised by the ULiège. 

In addition, an educational trip to Luxembourg will be organised (Court of Justice, EPPO). The date and location of the trip will be communicated at the beginning of the semester.

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

Blended learning


Additional information:

Compulsory attendance.

The introductory theoretical lectures will be supported by detailed PowerPoint presentations, which will be published on eCampus after each lecture.

Apart from those introductory theoretical lectures, the course will consist in interactive classes, requiring students to prepare the content based on reading assignments (usually, they will have to read in advance one or two scholarly articles and one or two judgments). Therefore, attendance of all classes and active participation are required.

Students will carry out comparative research, preferably in small groups of two or three students, and prepare a presentation of their research. After the presentation in class, they will prepare a paper based on their research, which they will have to hand in two weeks later. This research will be compensated by three classes.

As indicated above, this course will also include one or more guest lectures given by a visiting professor or researcher. Students are of course required to attend those guest lectures.

As for the aforementioned conference/educational trip, further practical information will be given during the semester.

Recommended or required readings

Required/essential material:
Students will receive a list of relevant legislation, scholarly literature and/or case law at least two weeks ahead of class. These documents will be published on eCampus.
Considering the inherent international nature of the subject matter, this list will contain publications in both French and English.

Recommended reading:
Students may receive some suggestions for further reading.

Exam(s) in session

Any session

- In-person

written exam ( open-ended questions )

Written work / report

Continuous assessment


Additional information:

Students will be evaluated in three steps.

First, their personal interventions during the interactive classes will be taken into account (1/4 of the final grade).

Second, they will receive a mark for the presentation of their research, as well as for the paper which reflects the results of this research and which they will have to submit two weeks after the presentation (1/2 of the final grade).

Finally, they will sit an oral exam in June (1/4 of the final grade). The exam will only focus on the content of the guest lectures and the conference on comparative criminal law.

Retake exam:

Students who do not pass the June exam will be required to take an oral examen in August/September. This exam will cover the entire content of the course and will be a closed book exam.

Work placement(s)

This course does not include an internship.

Organisational remarks and main changes to the course

This course is only taught during odd years (2023-2024, 2025-2026, etc.).

Students are required to attend classes and to participate actively

Contacts

Teacher/professor : Vanessa Franssen - vanessa.franssen@uliege.be
Assistant : Ana Laura Claes - analaura.claes@uliege.be
Secretariat : Julie Debroux - J.Debroux@uliege.be - 04/366.31.59

Association of one or more MOOCs