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 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 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. For the same reason, recording the courses is not permitted, except with authorization granted by the course instructor to accommodate a specific need of the student. Unless authorized by the teacher, the use of laptops is prohibited during class, and mobile phones must be set to airplane mode.
Assessment is based on a continuous evaluation system, consisting of four written tests conducted in person during the first semester. Participation in all four assessments is compulsory.
Students are required to study the material using the Year 2 BAC Code, which they may also use during certain 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. For the same reason, recording the courses is not permitted, except with authorization granted by the course instructor to accommodate a specific need of the student. Unless authorized by the teacher, the use of laptops is prohibited during class, and mobile phones must be set to airplane mode.
Assessment is based on a continuous evaluation system, consisting of four written tests conducted in person during the first semester. Participation in all four assessments is compulsory.
Students are required to study the material using the Year 2 BAC Code, which they may also use during certain 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 (and therefore within a framework comparable to a first examination session), students are assessed on four occasions, on dates that will be announced no later than the first class, in the form of in-person written tests.
Three of these assessments cover the course material and are administered at the beginning of certain classes. These tests include short-answer questions (multiple-choice questions with one or more correct answers, true/false questions, identification of a legal provision, short practical cases (case studies), etc.):
- the first test, lasting 20 minutes, is worth 3 marks;
- the second test, lasting 40 minutes, is worth 5 marks;
- the third test, lasting 60 minutes, is worth 8 marks.
For the second and third tests, students may use the 2 BAC Code, 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.
A fourth assessment is added to these: a 60-minute in-person written test covering the various lecture-conferences, worth 4 marks. This assessment will take the form of a critical essay in response to a question related to the conferences. For this test only, students may use their personal handwritten notes taken during the lecture-conferences, in accordance with the more detailed instructions provided by the course instructor (the second-year BAC Code is not required for this assessment). A lack of proficiency in French may result in a penalty of up to 10% of the grade for this writing test, i.e. 0.4 points out of 4.
Consistent with the principles of continuous assessment, attendance at each of these four assessment sessions is mandatory. Except in exceptional circumstances, absences from any of the four tests are not permitted. In the event of absence from a written test, the student will receive a failing grade for absence in the first examination session (0A), which automatically entails sitting the second-session examination. This rule is justified by the particular nature of the assessment system, which necessarily relies on continuity.
In the second session, continuous assessment is no longer possible, but the acquisition of the same skills is still assessed.
Whether they took one, two, or three of the subject-matter tests in the first examination session or not, no marks are carried over, and the learning outcomes are assessed on the basis of a two-hour written examination held in person in August, covering the entire body of material taught ex cathedra. This examination is worth 16 points. For the remaining four points, if the student took the critical writing examination in the first session and obtained at least 2 out of 4 points, this mark may, at the student’s request, be carried over to the second session. If the student did not take the critical writing examination or did not obtain at least 2 points, they will sit, immediately after the written examination covering the subject matter, a 60-minute in-person written examination. This examination will cover the different lecture courses and will take the form of a critical essay in response to a question related to the lectures, following the same guidelines as those applicable in the first session.
During the first semester (and therefore within a framework comparable to a first examination session), students are assessed on four occasions, on dates that will be announced no later than the first class, in the form of in-person written tests.
Three of these assessments cover the course material and are administered at the beginning of certain classes. These tests include short-answer questions (multiple-choice questions with one or more correct answers, true/false questions, identification of a legal provision, short practical cases (case studies), etc.):
- the first test, lasting 20 minutes, is worth 3 marks;
- the second test, lasting 40 minutes, is worth 5 marks;
- the third test, lasting 60 minutes, is worth 8 marks.
For the second and third tests, students may use the 2 BAC Code, 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.
A fourth assessment is added to these: a 60-minute in-person written test covering the various lecture-conferences, worth 4 marks. This assessment will take the form of a critical essay in response to a question related to the conferences. For this test only, students may use their personal handwritten notes taken during the lecture-conferences, in accordance with the more detailed instructions provided by the course instructor (the second-year BAC Code is not required for this assessment). A lack of proficiency in French may result in a penalty of up to 10% of the grade for this writing test, i.e. 0.4 points out of 4.
Consistent with the principles of continuous assessment, attendance at each of these four assessment sessions is mandatory. Except in exceptional circumstances, absences from any of the four tests are not permitted. In the event of absence from a written test, the student will receive a failing grade for absence in the first examination session (0A), which automatically entails sitting the second-session examination. This rule is justified by the particular nature of the assessment system, which necessarily relies on continuity.
In the second session, continuous assessment is no longer possible, but the acquisition of the same skills is still assessed.
Whether they took one, two, or three of the subject-matter tests in the first examination session or not, no marks are carried over, and the learning outcomes are assessed on the basis of a two-hour written examination held in person in August, covering the entire body of material taught ex cathedra. This examination is worth 16 points. For the remaining four points, if the student took the critical writing examination in the first session and obtained at least 2 out of 4 points, this mark may, at the student’s request, be carried over to the second session. If the student did not take the critical writing examination or did not obtain at least 2 points, they will sit, immediately after the written examination covering the subject matter, a 60-minute in-person written examination. This examination will cover the different lecture courses and will take the form of a critical essay in response to a question related to the lectures, following the same guidelines as those applicable in the first session.
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.
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
- Syllabi reprenant les PowerPoints
- Code BAC 2e
Faculty or entity
