Teacher(s)
Language
French
Main themes
The criminal law course explores the theoretical and practical foundations of criminal law in Belgium. It is structured around a general introduction followed by four main sections, which respectively examine criminal law, the offense, the perpetrator, and the sentence. This course aims to familiarize students with the key actors, sources, and fundamental principles of criminal law, preparing them to answer questions such as: Can a criminal law be applied retroactively? Under what conditions can a person be held criminally responsible? When is someone considered a repeat offender, and what are the consequences? What types of sentences exist in Belgium, and under what conditions can they be imposed, modified, and enforced?
Beyond studying positive law, the course offers an introduction to major schools of criminal thought and criminology, such as classical criminal law and social defense theory. This historical perspective, dating back to the 18th century, situates the learning of law within a broader framework and encourages a reflective approach. The course also draws on social sciences - including criminology, sociology, and psychology - to clarify concepts like criminal responsibility and recidivism. Thus, it adopts an interdisciplinary and critical approach, allowing students to engage with key contemporary issues such as penal inflation and prison overcrowding.
Moreover, the teaching is practice-oriented. The analysis of concrete cases, supported by case law, is regularly used, and professionals from the field are invited to give guest lectures. Learning Dutch is also encouraged, notably through the translation of key concepts and the names of criminal law actors into this language in the course materials.
By combining an interdisciplinary approach, practical grounding, and language openness, the criminal law course fully aligns with the Faculty of Law’s educational project as defined in its Manifesto (R.I.E.J., 2016/1, Vol. 74, pp. 169-175).
Learning outcomes
At the end of this learning unit, the student is able to : | |
The criminal law course is fully aligned with the learning outcomes framework of the program (quoted below):
“I. Acquire a general culture”: the course contributes to developing both a legal culture and a broader culture in the humanities and social sciences by enabling students to analyze legal phenomena from an interdisciplinary perspective. The use of current examples to illustrate the material further enriches the acquisition of general culture.
“II. Acquire specifically legal knowledge”: the course allows students to master the concepts, rules, and fundamental principles of criminal law. It also introduces them to a critical approach to law, notably through the study of the functions of punishment, drawing on contributions from legal theory.
“III. Acquire the methods and tools of the scientific approach”: students learn to conduct legislative research, understand case law, and utilize its contributions in evaluations.
“IV. Develop skills in analysis, reflection, and argumentation based on concrete situations”: the teaching prepares students to analyze and argue from concrete cases, while encouraging broader reflections. The objective is to cultivate a critical perspective on the subject matter, which is emphasized in the assessment.
“V. Master written and oral communication in French”: the assessment tests students’ skills in written communication in French, particularly their ability to present a structured and rigorous argument.
“Transferable skills”: the course promotes mastery of the French language and the development of critical thinking, notably through its interdisciplinary approach and the reflective dimension expected in the evaluation. The continuous assessment system also fosters autonomy and the ability to organize one’s work over time. |
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Content
The course is structured around a general introduction and four main parts.
It begins with a general introduction, which defines criminal law and clarifies its place within the overall legal system. The introduction then presents the main actors in criminal proceedings and examines the sources of criminal law. It goes on to provide an overview of the major schools of modern penal and criminological thought: classical penal theory, social approaches to crime, positivist criminology and social defense, functionalist sociological theories, theories of social reaction, approaches centered on the reintroduction of the victim into the penal field, risk-oriented penal thought, as well as the revival of biological explanations of crime. This broader perspective makes it possible to trace the genealogy of positive criminal law through the evolution of these schools of thought.
The first part examines criminal law: it first addresses the principle of legality, then deals with its application over time and its interpretation.
The second part focuses on the offense. It analyzes its different constitutive elements: the legal element, the material element, and the mental element. This part also includes the study of the rules concerning punishable attempt and grounds for justification.
The third part deals with the offender. It addresses notions of criminal responsibility and non-responsibility as well as imputability. It examines, in particular, the criminal responsibility of minors and individuals with mental disorders, along with the regime of internment measures. This part also addresses criminal participation and examines the defenses excluding liability as well as the grounds for non-imputability.
The fourth and final part is dedicated to punishment. It studies the definition, characteristics, various existing categories, as well as sentencing modalities (levels of penalties, aggravating and mitigating factors, excuses, recidivism, multiple offenses…). The modalities of sentences (such as suspension and suspended sentences), implementation of the sentences, and obstacles to execution of sentences are also discussed. Finally, the functions and objectives of punishment, as well as issues related to criminal records and the disappearance of penalties’ effects, are analyzed.
It begins with a general introduction, which defines criminal law and clarifies its place within the overall legal system. The introduction then presents the main actors in criminal proceedings and examines the sources of criminal law. It goes on to provide an overview of the major schools of modern penal and criminological thought: classical penal theory, social approaches to crime, positivist criminology and social defense, functionalist sociological theories, theories of social reaction, approaches centered on the reintroduction of the victim into the penal field, risk-oriented penal thought, as well as the revival of biological explanations of crime. This broader perspective makes it possible to trace the genealogy of positive criminal law through the evolution of these schools of thought.
The first part examines criminal law: it first addresses the principle of legality, then deals with its application over time and its interpretation.
The second part focuses on the offense. It analyzes its different constitutive elements: the legal element, the material element, and the mental element. This part also includes the study of the rules concerning punishable attempt and grounds for justification.
The third part deals with the offender. It addresses notions of criminal responsibility and non-responsibility as well as imputability. It examines, in particular, the criminal responsibility of minors and individuals with mental disorders, along with the regime of internment measures. This part also addresses criminal participation and examines the defenses excluding liability as well as the grounds for non-imputability.
The fourth and final part is dedicated to punishment. It studies the definition, characteristics, various existing categories, as well as sentencing modalities (levels of penalties, aggravating and mitigating factors, excuses, recidivism, multiple offenses…). The modalities of sentences (such as suspension and suspended sentences), implementation of the sentences, and obstacles to execution of sentences are also discussed. Finally, the functions and objectives of punishment, as well as issues related to criminal records and the disappearance of penalties’ effects, are analyzed.
Teaching methods
The teaching takes the form of an ex cathedra lecture highlighting the essential points of the subject, with an emphasis on the connections between the different parts of the course, notably between positive law and currents of penal and criminological thought. The course adopts a distinctly interdisciplinary approach by integrating insights from the social sciences that help illuminate the legal material. It is also grounded in practice, using concrete examples drawn from case law and current events, and includes several “lecture-conferences” featuring invited practitioners from the field.
Classes are held in person. Although attendance is not mandatory, it is strongly recommended given the evaluation system in place.
Assessment is based on a continuous evaluation system, consisting of five written tests conducted in person during the first semester. Participation in all five assessments is compulsory.
Students are required to study the material using the Year 2 BAC Code, which they may also use during evaluations, provided that the annotation system specific to this Code is strictly followed.
Classes are held in person. Although attendance is not mandatory, it is strongly recommended given the evaluation system in place.
Assessment is based on a continuous evaluation system, consisting of five written tests conducted in person during the first semester. Participation in all five assessments is compulsory.
Students are required to study the material using the Year 2 BAC Code, which they may also use during evaluations, provided that the annotation system specific to this Code is strictly followed.
Evaluation methods
For this course, evaluation takes place throughout the first semester. Therefore, there is no exam during the first session in January; the modalities differ in the second session (detailed below).
During the first semester (equivalent to the first session), students are assessed five times, on dates that will be announced during the first class. Four of these assessments take the form of 30-minute written tests held in person at the end of certain classes. Each test consists of short-answer questions (multiple choice, multiple response, true/false, identification of a legal provision, short practical cases, etc.). Students may use the Year 2 BAC Code during these tests, provided that the annotation system specific to this Code is strictly respected. The correction of each assessment is posted online on Moodle immediately after the test to allow students to self-assess. Additionally, there is a fifth evaluation: a 30-minute written test held in person focusing on the various lecture-conferences. This test takes the form of a critical essay responding to a question related to the conferences. For this test only, students may use their personal handwritten notes taken during the lecture-conferences (the Year 2 BAC Code is not necessary for this test).
In line with the spirit of continuous assessment, attendance at all five evaluation sessions is mandatory.
The weighting of the evaluations is as follows: 5 points are allocated to the critical essay on the lecture-conferences, and 15 points to the theoretical material assessments. Among the four tests, only three will count towards the final grade. Students may choose to discard one evaluation of their choice, including one they were absent from - whether the absence was justified or not. One absence is therefore allowed. However, any absence beyond this - whether justified or not - will result in a failure grade due to absence in the first session (0A), automatically triggering progression to the second session. This rule is explained by the particular nature of the evaluation, which necessarily relies on continuity. Regarding the critical essay on the lecture-conferences, a makeup session will be organized before the end of the semester only for students whose absence was duly justified according to faculty rules (for example, with a medical certificate in compliance with the RGEE).
In the second session, continuous assessment is no longer possible, but the same competencies must be acquired and evaluated. Whether or not students participated in some first-session assessments, no grade carryover is allowed, and learning outcomes are assessed on two bases. First, an exam is organized during the August session, consisting of a two-hour written test held in person covering the entire ex cathedra material. It is graded out of 15 points. Second, a reflective paper prepared remotely, i.e., open-book, on a question given by the professor at the start of the second semester. This paper must be a maximum of 5000 words (about 10 pages), excluding the cover page, table of contents, and bibliography. It must be personal (thus uniquely written by the student) and meet academic standards (in particular, based on properly cited sources). This paper is graded out of 5 points.
For the 2025-26 academic year, the deadline for this paper is Friday, August 14 at 11:59 PM. This deadline is firm: a penalty of 2 points per 24 hours of delay will be deducted from the paper’s grade; if submitted more than 5 days late, not submitted, or not constituting genuine work, the overall course grade will be 0A. For this paper, students must comply with all scientific requirements and applicable rules, including the UCLouvain Code of Ethics and Deontology for users of information services and the faculty note titled “Responsible Use of Generative Artificial Intelligence”, as well as sign the required integrity commitment for all written work. Failure to submit this signed document will result in a two-point penalty.
During the first semester (equivalent to the first session), students are assessed five times, on dates that will be announced during the first class. Four of these assessments take the form of 30-minute written tests held in person at the end of certain classes. Each test consists of short-answer questions (multiple choice, multiple response, true/false, identification of a legal provision, short practical cases, etc.). Students may use the Year 2 BAC Code during these tests, provided that the annotation system specific to this Code is strictly respected. The correction of each assessment is posted online on Moodle immediately after the test to allow students to self-assess. Additionally, there is a fifth evaluation: a 30-minute written test held in person focusing on the various lecture-conferences. This test takes the form of a critical essay responding to a question related to the conferences. For this test only, students may use their personal handwritten notes taken during the lecture-conferences (the Year 2 BAC Code is not necessary for this test).
In line with the spirit of continuous assessment, attendance at all five evaluation sessions is mandatory.
The weighting of the evaluations is as follows: 5 points are allocated to the critical essay on the lecture-conferences, and 15 points to the theoretical material assessments. Among the four tests, only three will count towards the final grade. Students may choose to discard one evaluation of their choice, including one they were absent from - whether the absence was justified or not. One absence is therefore allowed. However, any absence beyond this - whether justified or not - will result in a failure grade due to absence in the first session (0A), automatically triggering progression to the second session. This rule is explained by the particular nature of the evaluation, which necessarily relies on continuity. Regarding the critical essay on the lecture-conferences, a makeup session will be organized before the end of the semester only for students whose absence was duly justified according to faculty rules (for example, with a medical certificate in compliance with the RGEE).
In the second session, continuous assessment is no longer possible, but the same competencies must be acquired and evaluated. Whether or not students participated in some first-session assessments, no grade carryover is allowed, and learning outcomes are assessed on two bases. First, an exam is organized during the August session, consisting of a two-hour written test held in person covering the entire ex cathedra material. It is graded out of 15 points. Second, a reflective paper prepared remotely, i.e., open-book, on a question given by the professor at the start of the second semester. This paper must be a maximum of 5000 words (about 10 pages), excluding the cover page, table of contents, and bibliography. It must be personal (thus uniquely written by the student) and meet academic standards (in particular, based on properly cited sources). This paper is graded out of 5 points.
For the 2025-26 academic year, the deadline for this paper is Friday, August 14 at 11:59 PM. This deadline is firm: a penalty of 2 points per 24 hours of delay will be deducted from the paper’s grade; if submitted more than 5 days late, not submitted, or not constituting genuine work, the overall course grade will be 0A. For this paper, students must comply with all scientific requirements and applicable rules, including the UCLouvain Code of Ethics and Deontology for users of information services and the faculty note titled “Responsible Use of Generative Artificial Intelligence”, as well as sign the required integrity commitment for all written work. Failure to submit this signed document will result in a two-point penalty.
Other information
A good command of French is necessary to follow and succeed in this course.
In order for the results obtained throughout the semester to be officially recorded and communicated to students, the course will be formally registered in the January session program, although no actual exam will be held during that session.
Students are encouraged to regularly check the course Moodle page to stay informed of the latest news, especially through announcements. Additionally, a forum is available on Moodle where students can ask questions about the course content and organization.
The evaluation system will be adapted for students who have been recognized as PEPS students.
Regarding the annotation rules for the Code Bac, students are only allowed to: underline or highlight words or phrases; circle words (but not individual letters); indicate cross-references from one article to another using article numbers, accompanied, where applicable, by the title of the corresponding legal instrument. The use of post-its or other removable tabs is permitted, but only the title and date of the legal instruments referenced on the marked page may be written on them.
In order for the results obtained throughout the semester to be officially recorded and communicated to students, the course will be formally registered in the January session program, although no actual exam will be held during that session.
Students are encouraged to regularly check the course Moodle page to stay informed of the latest news, especially through announcements. Additionally, a forum is available on Moodle where students can ask questions about the course content and organization.
The evaluation system will be adapted for students who have been recognized as PEPS students.
Regarding the annotation rules for the Code Bac, students are only allowed to: underline or highlight words or phrases; circle words (but not individual letters); indicate cross-references from one article to another using article numbers, accompanied, where applicable, by the title of the corresponding legal instrument. The use of post-its or other removable tabs is permitted, but only the title and date of the legal instruments referenced on the marked page may be written on them.
Online resources
On the course Moodle, students will find the course materials (PowerPoints), as well as, for informational and illustrative purposes, internet links to videos, podcasts, or other resources related to the course.
Bibliography
Les éléments bibliographiques pertinents sont indiqués dans les supports de cours.
Relevant bibliographic references are indicated in the course materials.
Relevant bibliographic references are indicated in the course materials.
Teaching materials
- PowerPoints
Faculty or entity
