Selected Topics of Criminal Procedure Law

6 ECTS credits
150 h study time

Offer 2 with catalog number 4012997FER for all students in the 2nd semester at a (F) Master - specialised level.

Semester

2nd semester

Enrollment based on exam contract

Possible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Taught in

Dutch

Faculty

Faculty of Law and Criminology

Department

Publiek recht

Educational team

Daniel De Wolf (course titular)

Activities and contact hours

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

Course Content

This study builds further on the course of Criminal Procedure. Some principles are rehearsed, other rules are deepend.

The course consists of three parts:

Procedure in first instance (cfr. Magistrate courts): Study of the regarding the procedure followed before the court in first instance. These are the rules regarding the court as an institution and part of the judicial organization and the rules that determine the procedure from the beginning of the case until the judgment.
Remedies: Appeal (Procedure in absentia only the decisions where a remedy is possible)
Criminal law of evidence: : on the basis of a number of key concepts (burden of proof, value of evidence, free evidence, respect to the written, unlawful (obtained) evidence), the legal rules regarding the evidence are rehearsed and further explored. This again concerns the provisions of the law of evidence before the court in first instance. The focus is on the rule of law and therefore less on a theoretical approach of the (criminal) law of evidence. Further the relationships between the different core concepts are explained.

Course material

Handbook (Required) : Handboek correctioneel procesrecht, D. De Wolf, laatste editie, Intersentia, 9789400004696, 2013
Practical course material (Required) : Wetboek strafvordering, 2021
Practical course material (Required) : Gerechtelijk wetboek, 2021

Additional info

None

Learning Outcomes

General competencies

Have a thorough knowledge of criminal procedure (first instance, remedies, criminal evidence).
To understand the evolution of the law on the basis of the different views in jurisprudence and doctrine.
Being able to analyze the relationships between procedural rules. Recognizing the links between the parts of the procedure. Being able to understand the reasons for the existence of a rule.

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 with written preparation. Two questions troughout the course.

The students are considered to have knowledge of the law of the criminal process (bachelor level)

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