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 builds further on the courses of criminal law and criminal procedure law. The study consists of two parts.

The first part deals with the crimes that are not included in the Criminal Code but in laws outside it and where the rules of procedure provided in these laws diverges from the general rules.

First of all, some general principles are discussed that govern the subject matter of the special criminal laws (such as the reasons for existence of criminal laws outside the criminal code, the reasons for inefficiency and the possible remedies, constitutional division of powers, the techniques of criminalization and punishment, the applicability of general principles. criminal law and criminal procedure law, the powers of (police) officials, the right to remain silent and non bis in idem, administrative enforcement,…). An attempt is made to learn a technique with which a special criminal law can be analyzed.

Subsequently, some special criminal laws are studied in particular. The exact content varies every year and is indicated by the teacher. Examples are: the drugs law and the weapons law. Both material and formal aspects are discussed. First of all, 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, reference is also made to the problems of criminal procedure law that are specific to the special criminal laws.

The subjects tax criminal law, financial and economic criminal law, social criminal law and enforcement of environmental law are not discussed (this is studied in separate courses).

The second part examines some parts of the criminal procedure that are special compared to the correctional procedure that can be regarded as common law of the criminal procedure. By way of example, the procedure before the court of assizes and the procedure before the sentencing courts can be mentioned. The content can be changed from year to year.

Course material

Course text (Required) : Bijzondere strafwetten en strafprocedures, Deel I en II, De Wolf - Deruyck, VUB, 2220170007984, 2022
Practical course material (Required) : Wettencollectie (niet geannoteerde, wel toegelaten Larcier Wetboeken), Naar keuze van student

Additional info

None

Learning Outcomes

General competencies

Have a thorough knowledge of criminal law, both the offences as the problems of general criminal law, sentencing and of criminal procedure.
Describing the elements of the offences and the particular problems of criminal procedure.
Analyzing elements of offences in special criminal laws.
Recognizing general problems of criminal law and criminal procedure.
Applying general principles of criminal law and procedure to special laws.
Being able to put the special laws in a broader context.
Recognizing the role of special laws in the organization of society.
To recognize problemsof efficiency of the special laws.
To understand the evolution of the law on the basis of the different views in jurisprudence and doctrine.
At the level of a beginning professional obtain insight in the different offences of the special laws.
With the legal texts have knowledge and insight in some special criminal procedures.

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:

Oral Exam with a relative weight of 100 which comprises 100% of the final mark.

Additional info regarding evaluation

Oral exam with written preparation. Two questions about both parts.

The student is considered to have knowledge of the general part of the criminal law and the law of the criminal procedure (level bachelor).

Specific provisions regarding the use of tools and instruments during exams:

The "Additional regulations regarding the use of tools during exams" applies except the exceptions listed below.
Exception to art. 3, § 1, first and second al.: With the exception of the Larcier-codes, the use of annotated codes (eg TWS, Keure annotated code, Larcier Law & Interpretation) or printing annotated texts from databases (eg Jura) are not allowed.
Special provision article art. 3, § 1, second and third al.: The use of material for indexing (post-it etc.) and the use of fluorescent indications is admitted to find the offences more quickly. This should however not go so far that the various elements of the offences are somehow indicated (eg fluorescent highlighting, 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