Criminal Sanction's Execution Law

Teacher(s)

Beernaert Marie-Aude; Moreau Thierry;

Language

French

Prerequisites

The prerequisite(s) for this Teaching Unit (Unité d’enseignement – UE) for the programmes/courses that offer this Teaching Unit are specified at the end of this sheet.

Main themes

The topics covered will include questions related to the execution of all types of criminal sanctions(custodial sentenes, restrictions of personal liberty or financial sanctions). It will also examine the issue of the execution of sanctions imposed abroad, as well as the rules governing the registration or deletion of convictions in criminal records.

Content

After a general introduction devoted to the sources and the actors involved in the execution of criminal sanctions, the course will deal successively with the enforcement of non-custodial sentences (community service, probation, ... ) financial sentences (fines, confiscation) and custodial sentences (imprisonment). It will also address the issue of criminal records and rehabilitation.

Teaching methods

The course is based on an active, flipped classroom pedagogy. It requires students to systematically prepare before each session and to participate actively during class. Registration on the course’s Moodle platform is mandatory.
Before each session, students are required to:

• Read the documents indicated on Moodle (mandatory readings);
• If applicable, conduct additional research;
• Depending on the session, either submit a written assignment on Moodle the day before class, or prepare for an assessment held at the beginning of the session.

In-person sessions are dedicated to:

• Answering students’ questions about the prepared material;
• Deepening certain concepts;
• Illustrating the material with concrete examples;
• Completing exercises;
• Participating in group debates.

Each session ends with an assessment covering the material discussed that day.

Evaluation methods

The course is assessed through continuous evaluation, with no formal exam during the first exam session.
In the first session, assessment is based exclusively on:

• Written assignments or beginning-of-session evaluations (personal preparation);
• End-of-session tests.

At the end of the final class, and in the presence of the students, a random draw will determine, for each co-teacher, one written preparation and one end-of-session test to be graded. These four assessments (two preparations, two tests) will each count for 25% of the final grade.
Evaluation criteria include:

• Understanding of the material (ability to identify and appropriately use concepts and sources, rigor, precision);
• Critical analysis (ability to contribute to the debate and broaden the issue, relevance and depth of argumentation).

In the second session, the evaluation method depends on whether the student fulfilled all requirements during the first session.
Two scenarios are possible:

1. If the student who failed completed all required tasks in the first session (preparations and tests):
   The exam will take the form of a take-home assignment covering the entire course material. Practical details (instructions, deadlines, submission) will be provided via Moodle.
   
2. If the student did not complete all required tasks (missing preparations or tests):
   The student must complete two assignments:
   
   • The take-home assignment described in scenario 1;
   • An individual written paper of 40 pages, to be sent by email to the instructors on the first day of the exam session.

For this paper, students must proactively contact the instructors before July 15 to identify themselves and request the topic. The paper requires mastery of all course materials, in-depth personal research, and practical reflection on a criminal law issue.

Other information

Online resources

The student must register on Moodle to have access to the powerpoints and texts to be read.

Bibliography

• M-A. Beernaert, Manuel de droit pénitentiaire, 4e éd., Limal, Anthemis, 2023
• Th. Moreau, D. Vandermeersch et J.M. Hausmant, Eléments de droit pénal. Ancien et nouveau Code pénal, Bruxelles, La Charte, 2024  
• Code de droit pénal

Teaching materials

• M-A. Beernaert, Manuel de droit pénitentiaire, 4e éd., Limal, Anthemis, 2023
• Th. Moreau, D. Vandermeersch et J.M. Hausmant, Eléments de droit pénal. Ancien et nouveau Code pénal, Bruxelles, La Charte, 2024 (disponible au service cours dès la rentrée). La version 2022 est totalement déconseillée vu l'importance des modifications.
• Code de droit pénal

Faculty or entity

> ECRI