Specific offences criminal law

6 ECTS credits
150 h study time

Offer 1 with catalog number 4006952FEW for working students in the 1st semester at a (F) Master - specialised level.

Semester

1st semester

Enrollment based on exam contract

Possible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Enrollment Requirements

NOTE: registration for this course is only possible for working students. Day students can register for courses whose code ends with an R. At Inschrijven / studentenadministratie@vub.be you must be registered at the VUB as a working student for the current academic year.

Taught in

Dutch

Partnership Agreement

Under interuniversity agreement for degree program

Faculty

Faculty of Law and Criminology

Department

Publiek recht

Educational team

Daniel De Wolf (course titular)

Activities and contact hours

23 contact hours Lecture
60 contact hours Independent or External Form of Study

Course Content

This course covers the crimes that are not included in the Criminal Code but in special laws, as well as the criminal procedural rules included in these special laws and which deviate from the common law procedural rules.

The course consists of two parts.

The first part concerns the general principles that govern the subject matter of the special criminal laws (such as, among other things, the reasons for the existence of criminal laws outside the penal code, the reasons for inefficiency and the possible remedies, constitutional division of powers, the techniques of criminalization and punishment, the applicability of general principles of criminal law and criminal procedure, the powers of (police) officials, the issue of the right to remain silent and non bis in idem, administrative enforcement, etc.). An attempt is made to teach a technique with which a special criminal law can be analyzed. Any law or decree is studied by way of example in the lessons.

In the second part, some special criminal laws are studied in particular. The precise content can vary each year and is indicated by the teacher. Examples are: the drugs law, the weapons law, the enforcement of environmental law, the traffic law. Both material and formal aspects are discussed. First, the components of the crimes included in the special criminal legislation are discussed. The general rules of criminal law are applied to the crimes. In addition, the problems of criminal procedural law that are specific to the special criminal laws are also pointed out. The subjects of tax criminal law, financial and economic criminal law and social criminal law are not covered (this is studied in separate courses). The student is expected to have sufficient knowledge and understanding of the rules of general criminal law and common criminal procedure law in order to be able to acquire the learning objectives of the course.

Course material

Course text (Required) : Bijzondere strafwetten en strafprocedures, De Wolf - Deruyck, 2023, VUB, 2220170007984, 2023
Practical course material (Required) : Wettencollectie (niet geannoteerde, wel toegelaten Larcier Wetboeken), Naar keuze van student

Additional info

None

Learning Outcomes

General competencies

• The student has an advanced understanding of the method to be able to analyze a special criminal law in general or in particular and can recognize the problems of criminal law or criminal procedural law and how the special criminal laws do or do not deviate from general criminal law or general criminal law. criminal procedure law;

• On the basis of the Code, the student has thorough knowledge of the crimes from the studied special criminal laws and their punishment, can apply the rules of general criminal law or common criminal procedural law to them and has thorough knowledge of the deviating rules of criminal procedural law that apply to them. apply.

• The student can place the special criminal laws in a broader social context.

• The student has a good understanding of the place of criminal law in the organization of society.

• The student has a good understanding of the evolution of the law based on the views in case law and legal doctrine.

Grading

The final grade is composed based on the following categories:
Oral Exam determines 100% of the final mark.

Within the Oral Exam category, the following assignments need to be completed:

Examen Mondeling with a relative weight of 100 which comprises 100% of the final mark.

Additional info regarding evaluation

Oral with written preparation of at least 15 minutes. Two questions are asked, one per section concerned.

Based on the assessment of the learning objectives regarding special criminal legislation, the student is deemed to know and understand the rules of general criminal law and the criminal procedure sufficiently for the student to be able to know and understand the rules of special criminal legislation. A student who appears not to have the intended sufficient knowledge cannot pass the exam. The exam grade indicates the degree of lack of knowledge or understanding.

Special provisions regarding the use of aids during examinations: 1. The “Supplementary regulations regarding the use of aids during exams” apply to the exceptions mentioned below. 2. Deviation from art. 3, § 1, first and second paragraph: With the exception of the Larcier law books, the use of annotated law books (e.g. Die Keure annotated law book, Larcier Wet & Duiding) or printing of annotated legal texts from databases (e.g. Jura) is not permitted. 3. Special provision with regard to art. 3, § 1, paragraphs 2 and 3: The use of material for indexing (riders, post-its, etc.) and the use of fluorescent markings is permitted in order to find the crimes involved more quickly. This should not go so far as to indicate in any way the various components of the crimes (e.g. fluorescent marking, underlining, numbering, etc.).

Allowed unsatisfactory mark

The supplementary Teaching and Examination Regulations of your faculty stipulate whether an allowed unsatisfactory mark for this programme unit is permitted.

Academic context