6 ECTS credits
150 h study time

Offer 2 with catalog number 1020545BNW for working students in the 2nd semester at a (B) Bachelor - advanced level.

Semester
2nd semester
Enrollment based on exam contract
Impossible
Grading method
Grading (scale from 0 to 20)
Can retake in second session
Yes
Enrollment Requirements
Strafproces- mensenrechten - W
Taught in
Dutch
Faculty
Faculty of Law and Criminology
Department
Metajuridica
Educational team
Paul De Hert (course titular)
Wendy Michiels
Activities and contact hours

26 contact hours Lecture
13 contact hours Seminar, Exercises or Practicals
110 contact hours Independent or External Form of Study
Course Content

In this course, we focus on the Belgian legal framework of criminal punishment: when is behaviour considered to be punishable and how is this operationalised in the evaluation and punishment of particular behaviour of an individual?

Attention is directed to the framework of rules involved in criminal procedure under Belgian law: what happens when an individual is accused of a crime, the investigation, accusation, judgment, acquittal and in what way the punishment is carried out effectively. The individuals who are concerned during the procedure will be explored with correct use of legal  terminology.

The course consists of lectures and practical seminars offering additional information, illustrations and exercises. Various legislative will be added during the lectures and practical seminars.

It includes the following topics:

I.               General introduction structuring, the steps of the criminal procedures and individuals involved

II.              rights of defence

III.            criminal and civil proceedings

IV.            the different stages of criminal investigation and prosecution

V.              the procedure during trial

VI.            Sanctions and proof

VII.           Execution of sentences, confiscation, …

VIII.         Alternative penalties: guilty plea, mediation, ..

Course material
Handbook (Required) : Overzicht van het Belgisch algemeen strafrecht, Filiep Deruyck, Yannic Van Landeghem, 3de, Die Keure, 9789048641567, 2021
Digital course material (Required) : Powerpoints, C. Van de Heyning, verspreid via blackboard
Handbook (Required) : Wetboek Strafrecht, Strafwetboek, wetboek van strafvordering, bijzondere wetten, G. Vermeulen, 41ste herziene uitgave, Maklu, 9789048642366, 2021
Additional info

It is recommended to make use of a codex (legal textbook) during the exam. Such codex can be used under the following conditions:

  • The use of an annotated codex is prohibited;
  • The codex does not contain any added text, arrows, symbols or characters. Cross-references or any other forms of code are strictly forbidden;
  • Text passages can be underlined or highlighted under the condition that they consist of complete sentences or complete words. It is strictly prohibited to insert any form of code through the use of colors or other signs;
  • Use of post-its or other means of compartmentation or structuring of the codex to improve its user-friendliness is allowed, provided that these do not consist in cross-referencing or coding;
  • The codex is under no circumstance or in any way used as an instrument of fraud.

Codices are inspected during the exam. A codex which does not comply with the guidelines as set out above, will be temporary confiscated and cannot be used during the exam.

These rules are to be considered as "additional rules", i.e. an explicit deviation from the supplementary faculty regulations regarding the use of tools during exams (November 27, 2012), article 2 (aanvullend facultair reglement met betrekking tot het gebruik van hulpmiddelen tijdens examens d.d. 27 november 2012).

Learning Outcomes

Algemene Competenties

1. Teaching results of the program

  • The graduate is familiar with the key theoretical concepts, basic methods and techniques of related fields of sciences (such as law, psychology, philosophy, history, sociology).
  • The graduate is highly interested in, and sensible to social and criminological topics.

2. Teaching results of the course

  • The student has a thorough understanding of the actual state of law regarding criminal law and its ratio legis, and can situate and contextualize a situation or problem within this legal framework 
  • The student is able to define and accurately explain the key theoretical concepts and legal terms and is able to apply and implement those concepts and terms when confronted with a legal issue.
  • The student can interpret the relevance and consequences of an observed or imposed issue, problem or recent event in the context of criminal law.
  • The student is capable of interpreting and qualifying a legal problem, engaging the necessary research for relevant information (e.g. in legal textbooks) and autonomously come to an adept solution.
  • The student understands the relation between the different aspects of criminal law, is able to detect problems or lacunas in the actual state of law, and is competent to accurately report on these observations. 

Grading

The final grade is composed based on the following categories:
Oral Exam determines 75% of the final mark.
PRAC Practical Assignment determines 25% of the final mark.

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

  • Oral Exam with a relative weight of 1 which comprises 75% of the final mark.

Within the PRAC Practical Assignment category, the following assignments need to be completed:

  • PRAC Assignment with a relative weight of 1 which comprises 25% of the final mark.

Additional info regarding evaluation

The process of student evaluation for this course is a combination of (1) an examination on the lectures (graded on 15 out of 20 points) and (2) an evaluation in the context of the practical seminars (graded on 5 out of 20 points).

The examination on the lectures (graded on 15 out of 20 points)  consists of a classical test with questions on the course material, i.e. the information given in class (eg power point presentations) and the textbook of Filiep Deruyck. A list with text passages excluded from the exam will be provided by the lector.

The examination is an oral test consisting of two parts: (a) knowledge questions (10 points) and (b) open questions (5 points). The student will have preparation time before starting the exam (the answer needs to be drafted by the student).

Illustrations of multiple choice questions and coaching on the required testing skills will be provided during the lectures and can be consulted through blackboard. Example of an open question: “Explain the differences between the assistance of a lawyer during the hearing executed by the police and the judge of instruction. Please explain this for a suspect and a civil party, taken into account the different steps of the procedure”. Example of a knowledge question: “Please explain the procedure of guilty plea”.

The evaluation related to the practical seminars (graded on 5 out of 20 points) consists of three parts: (a) an evaluation of participation in the seminar (1 points), (b) a written test and (c) report concerning court visit.

Working students can ask to write an essay to replace (b) and (c).

Attendance of each session of the practical seminar is obligatory, and will be registered at every session. Absence can be excused only by force majeure (e.g. illness). Written attestation is required and needs to be provided at the subsequent session. In the absence of such written account, or in the event an assignment or test is ignored, the student is excluded from the first exam period and will be directed to the second exam period. If an assignment is delivered past the deadline, grading will be adjusted accordingly. In the event of repeated absences (even if excused), an additional assignment will be imposed.

The evaluation result for the practical seminar in the first exam period is retained for the second exam period. However, the student can explicitly waive this result in a written request addressed to the dean, lector and teaching assistant before July 15th of the same year. The student will then be assigned to draft a paper on an imposed topic. The student will be informed on the topic (and deadline) of his assignment after the deliberation of the first exam period, and the paper is discussed with the teaching assistant in the course of the second exam period. 

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

This offer is part of the following study plans:
Bachelor of Criminology: Standaard traject (only offered in Dutch)
Bachelor of Criminology: Verkort traject 1 (only offered in Dutch)
Bachelor of Criminology: Instroomplan 2 (only offered in Dutch)
Bachelor of Criminology: Instroomplan 4 (only offered in Dutch)
Bachelor of Criminology: Instroomplan 5 (only offered in Dutch)
Bachelor of Political Science and Sociology: - afstudeerrichting sociologie, minor criminologische wetenschappen (only offered in Dutch)