Teacher(s)
Language
French
Learning outcomes
At the end of this learning unit, the student is able to : | |
| By the end of the course, the students should be able to master the fundamental notions of the criminal law procedure, not only in terms of theory, but also in its practical implications. The students should be able to explain the different stages that mark the criminal trial (information, inquiry, trial, right of appeal, etc.) as well as the role and responsibilities of the different protagonists who comprise it (prosecutor, judge, defence, civil party, etc.). The students should also be able to use the different sources of criminal law procedure, be they legislative or jurisprudential, national or international. The exercise sessions (tutorials) allow the students to learn how to find the solution to a legal issue of a practical nature. Therefore, they require a rigorous (a high degree of accuracy is expected) and critical (the students should consider the existing theses with a discerning mind) analysis. The tutorials enable the mastery of the legal methodology: research and use of the sources of law, structuring of a text, correctness of quotations and bibliographical references. These sessions also invite the students to discover the advantages and limitations of a collective approach. Indeed, although their written work has to be personal and original, the students are encouraged to work together, especially in the research of sources and the identification of given legal issues. These tutorials enable the students to develop their capacity to express themselves orally on a legal subject. Finally, taking place over a period of around three months, these sessions allow the students to learn time-management, by meeting deadlines and external constraints such as typing, the number of pages… |
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Content
Having set out the guiding principles of criminal law procedure, the course will describe the exercise and suppression modes of public action and civil action. It will then move on to the protagonists and characteristics of the pre-trial stage (information and inquiry) and trial stage of the criminal trial, ending with the examination of legal remedies.
The course ends with an introduction to European and international criminal law and a discussion of legal theory in relation to certain developments in the criminal law and criminal law procedure.
In the context of practical work, the students must write an intermediate report as well as a final paper addressing specific questions related to a described situation (see the guidelines related to the practical work).
The course ends with an introduction to European and international criminal law and a discussion of legal theory in relation to certain developments in the criminal law and criminal law procedure.
In the context of practical work, the students must write an intermediate report as well as a final paper addressing specific questions related to a described situation (see the guidelines related to the practical work).
Teaching methods
The course is a lecture centred around: emphasising the most important points of the subject matter; establishing links between the different parts of the course and comparisons between principles and concepts; the commentary of applicable clauses and the illustration of principles based on decisions of jurisprudence.
A PowerPoint presentation, available on the course's Moodle website, is shown during the course to facilitate commentary on legal texts and analysis of case law.
The practical work is organised in several stages, enabling the assistants to monitor the students' progress. From the beginning, the students have at their disposal the specifications manual, setting out the procedure to follow and providing bibliographical references. The resolution of practical case implies the use of different sources: legislation, doctrine, jurisprudence...
At an intermediate stage, the student is invited to submit an intermediate paper (that shows the research that has already been done), so that the assistant can adjust the direction taken by the student.
Students can ask questions at the assistant's office or online via Microsoft Teams.
The coursework ends with a correction session, which provides a positive assessment of the work done.
At the end of the year, students are asked to evaluate the course and the practical work.
A PowerPoint presentation, available on the course's Moodle website, is shown during the course to facilitate commentary on legal texts and analysis of case law.
The practical work is organised in several stages, enabling the assistants to monitor the students' progress. From the beginning, the students have at their disposal the specifications manual, setting out the procedure to follow and providing bibliographical references. The resolution of practical case implies the use of different sources: legislation, doctrine, jurisprudence...
At an intermediate stage, the student is invited to submit an intermediate paper (that shows the research that has already been done), so that the assistant can adjust the direction taken by the student.
Students can ask questions at the assistant's office or online via Microsoft Teams.
The coursework ends with a correction session, which provides a positive assessment of the work done.
At the end of the year, students are asked to evaluate the course and the practical work.
Evaluation methods
The course evaluation is based on a written exam covering the material seen during the course, including various types of questions (open questions, multiple-choice questions, multiple-response questions, true or false, practical cases, etc.). The questions are designed to assess the students' level of knowledge and test their ability to read, understand, and explain legal texts. Students are required to bring their BAC Code to the exam.
The practical work is marked out of 20 and the mark awarded is worth a quarter of the final mark. The assessment criteria are: the quality of the intellectual approach and the resolution of the practical problem, the structure of the written work, rigour in both form and content, the bibliography and the correct use of sources, compliance with constraints, spelling and participation in the sessions.
Attendance is mandatory for the practical work. More than one unjustified absence on the practical work will be penalised by the overall grade of “0/20 absent” (0A/20) in the teaching unit for the session of June. Unjustified failure to hand in the final paper is penalized by the overall grade of 0A/20 in the teaching unit for the related session. Unjustified absence at an exam in June or September is penalized by the overall grade of 0A/20 in the teaching unit for the related session. If an attendance mark is requested for the submission of practical work or for the exam, the student will have 0/20 for the related session.
In the case of a justified delay, the deadline for submitting the work will be extended by the number of days equivalent to the difference between the start date of the medical certificate and the original submission date, with a maximum of 10 days.
In the case of an unjustified delay, 2 points will be deducted from the total score for every 24-hour period started; a delay of more than 5 days, the submission of non-genuine work, or failure to submit will result in an absence grade (0A).
Students are expected to make responsible use of artificial intelligence tools, according to the document 'The Responsible Use of Generative Artificial Intelligence,' approved by the Faculty Council. Students are required to sign a 'Commitment to Integrity' to this effect. Failure to submit the signed integrity commitment will result in a two-point deduction.
The written work will be analysed using ‘Compilatio’ software to detect plagiarism and content generated by artificial intelligence.
Finally, students are expected to use the referencing system taught at the Faculty for their work; a summary table will be given to them at the beginning of the practice work for this purpose.
The practical work is marked out of 20 and the mark awarded is worth a quarter of the final mark. The assessment criteria are: the quality of the intellectual approach and the resolution of the practical problem, the structure of the written work, rigour in both form and content, the bibliography and the correct use of sources, compliance with constraints, spelling and participation in the sessions.
Attendance is mandatory for the practical work. More than one unjustified absence on the practical work will be penalised by the overall grade of “0/20 absent” (0A/20) in the teaching unit for the session of June. Unjustified failure to hand in the final paper is penalized by the overall grade of 0A/20 in the teaching unit for the related session. Unjustified absence at an exam in June or September is penalized by the overall grade of 0A/20 in the teaching unit for the related session. If an attendance mark is requested for the submission of practical work or for the exam, the student will have 0/20 for the related session.
In the case of a justified delay, the deadline for submitting the work will be extended by the number of days equivalent to the difference between the start date of the medical certificate and the original submission date, with a maximum of 10 days.
In the case of an unjustified delay, 2 points will be deducted from the total score for every 24-hour period started; a delay of more than 5 days, the submission of non-genuine work, or failure to submit will result in an absence grade (0A).
Students are expected to make responsible use of artificial intelligence tools, according to the document 'The Responsible Use of Generative Artificial Intelligence,' approved by the Faculty Council. Students are required to sign a 'Commitment to Integrity' to this effect. Failure to submit the signed integrity commitment will result in a two-point deduction.
The written work will be analysed using ‘Compilatio’ software to detect plagiarism and content generated by artificial intelligence.
Finally, students are expected to use the referencing system taught at the Faculty for their work; a summary table will be given to them at the beginning of the practice work for this purpose.
Other information
Students are invited to consult the course Moodle regularly for the latest news, including announcements.
An online forum is available to answer questions.
Students are invited to study with their BAC Code (edition 2024-2025). With regard to the annotation of the BAC Code, students should refer to the instructions included in the BAC Code.
An online forum is available to answer questions.
Students are invited to study with their BAC Code (edition 2024-2025). With regard to the annotation of the BAC Code, students should refer to the instructions included in the BAC Code.
Online resources
On the course's Moodle site, students will find the PowerPoint presentation, as well as, for informational and illustrative purposes, internet links to videos, podcasts, or other resources related to the course.
Bibliography
Les étudiants qui souhaitent des informations complémentaires peuvent consulter l'ouvrage intitulé « Introduction à la procédure pénale », publié chez La Charte ; et pour une version plus complète encore, l’ouvrage « Droit de la procédure pénale » de M.-A. BEERNAERT, H.-D. BOLSY et D. VANDERMEERSCH (deux volumes) publié chez La Charte.
Students wishing further information may consult the book "Introduction à la procédure pénale", published by La Charte ; and for an even more comprehensive version, the book "Droit de la procédure pénale" by M.-A. BEERNAERT, H.-D. BOLSY and D. VANDERMEERSCH (two volumes) published by La Charte.
Students wishing further information may consult the book "Introduction à la procédure pénale", published by La Charte ; and for an even more comprehensive version, the book "Droit de la procédure pénale" by M.-A. BEERNAERT, H.-D. BOLSY and D. VANDERMEERSCH (two volumes) published by La Charte.
Faculty or entity
