general criminal law

Duration

30h Th, 15h Pr

Number of credits

Lecturer

Vanessa Franssen

Language(s) of instruction

French language

Organisation and examination

Teaching in the second semester

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

This course is designed as an advanced course on General Criminal Law and will build upon the knowledge that has been acquired in the prerequisite course on Introduction to Criminal Law and Criminology (DROI1106-1).
After a brief recap of the fundamental notions and principles of general criminal law and of the main sources of Belgian criminal law, which were covered by the prerequisite course, the course will present and analyse in more details the constituent elements of the offence and the rules of criminal liability, for both natural and legal persons. The rules on attempt and accomplice liability will not be rediscussed (except with respect to the sentencing stage), as they have been analysed in the prerequisite course.
Next, the course will turn to a study of the different sanctions applicable to natural and legal persons, as well as it will analyse more closely the various factors influencing the legal penalties and sentences pronounced by the courts, including different sentencing modalities. Moreover, special attention will be go to the combination of all those rules to concrete cases. In addition, the rules on the enforcement of sentences and potential obstacles for this enforcement (eg the statute of limitations) will be discussed in a transversal manner.
The part on sanctions will closely connect with the subsequent part of the course, focusing on the rules related to the scope of application of Belgian criminal law through space and time. After a short recapitulation of the general principles that were presented in the prerequisite course, the analyse will turn to more complex situations.
Finally, while this course will essentially focus on Belgian criminal law, it will also highlight and explain the increased influence of European (criminal) law on the national legal system. It is essential for all future lawyers to properly understand the influence of European law.
In order to make the theoretical lectures more accessible, the relevance of theoretical notions and rules will be illustrated by means of short exercices and case examples. Furthermore, the lectures will be completed by 15 hours of pratical exercises (infra).

Learning outcomes of the learning unit

This course aims to teach students how to make appropriate and active use of the Criminal Code and other relevant statutes of criminal law and to use adequate legal terminology. They will learn how to construct a legal argumentation themselves and to assess the validity of legal arguments made by others.
Another objective of this course is to provide in-depth insight into the logic and coherence of the criminal legal system, and to explain the specificities of Belgian criminal law compared to other legal systems in a European context.
More importantly, students will also learn to solve problems related to criminal law through practical cases and to understand the objectives of the different stakeholders/parties of a criminal case, in particular with regard to legal defences and the sentencing stage.
Last but not least, they will be encouraged to carry out a critical reflection on the subject matter.

Prerequisite knowledge and skills

Prerequisites: Introduction to criminal law and criminology (DROI1106-1).

Links to other later courses:

Special criminal law (DROI2207-1); Criminal business law (DROI0091-1); Criminal procedure (DROI2355-1); Special questions on criminal procedure (DROI1304-1); Comparative criminal procedure (DROI1305-1); International and European criminal law (DROI8021-1); EU criminal law (DROI1278-1); Cybercrime (DROI1317-1).

Planned learning activities and teaching methods

As the course aims to teach and to analyse in more detail the rules of general criminal law, much of it will consist in theoretical lectures.

However, these lectures will be associated as much as possible with a more interactive (or Socratic) method, in order to encourage students to think critically (for instance, about recent or ongoing legislative amendments or in relation to topical case examples) and to communicate in front of a bigger group of peers using the appropriate legal terms.

The theoretical lectures will be completed by practical sessions with exercises, through which students will learn to use and to combine the various sources and rules of criminal law. These exercises will also enable the teacher to make sure students have understood the lectures, and will teach students how to use their knowledge in real-world situations. Finally, they also help students prepare for the final exam. This means the exercises are an essential addition to the lectures.

Furthermore, if they wish, students can attend additional sessions (5 x 2h) during which certain aspects of the theory will be explained once more by a student-assistant and small exercices will be made.

They will also have the possibility (and are strongly encouraged) to ask the professor questions during and after class, or via e-mail (but as a last resort), or to the student-assistants via the discussion forum on eCampus or another means of electronic communication during the semester.

Administrative questions should be addressed to Ms Julie Debroux.

Mode of delivery (face to face, distance learning, hybrid learning)

Face-to-face course
Blended learning


Additional information:

The lectures will be backed by detailed PowerPoint presentations, which will be made available to students on eCampus, after each lecture. The slides of each lecture will indicate the relevant pages in the manual of Moreau and Vandermeersch, and may also include suggestions for further reading.

The lecture classes are completed by 15 hours of sessions with practical assignments, including a mock exam. During these pratical sessions certain aspects of the course may also be analysed further ; this will be included in the exam.

In order to help students in their learning process and to remedy the inevitable problem of coïnciding classes, all theoretical lectures and practical sessions will be recorded. The podcasts of each class will be available online until the end of the semester. That said, even if classes are recorded, it is highly recommended to attend class regularly.

Practical information regarding classes will be announced on eCampus. Students are expected to check this platform on a daily basis.

Students may also be invited to attend a conference.

Recommended or required readings

Required/essential material:

T. Moreau and D. Vandermeersch, Eléments de droit pénal, Brussels, la Charte, 4th ed., 2022.

Code de droit pénal, Bruxelles, la Charte, 2023-2024.

Note: It is essential to purchase this year's code as the criminal law changes frequently.



Additional material:

PowerPoint presentations, detailed solutions of exercices, court decisions, and potentially also excerpts from newly enacted legislation. These documents will be uploaded to eCampus during the semester.

Furthermore, it is highly recommended to take personal notes during class.



Recommended reading/useful references - Basic handbooks:

A. Masset, Introduction au droit pénal et à la criminologie, Course material, Liège, ULiège, 24rd ed., 2022.

Exam(s) in session

Any session

- In-person

written exam ( multiple-choice questionnaire, open-ended questions )


Additional information:

The exam will be written, featuring both multiple-choice questions (potentially with justification of the selected answer) and practical case analyses. The assignments completed in class will give students a very concrete idea of the type of questions they will encounter at the exam.

The exam will also evaluate whether the students are able to account for the objectives pursued by the different parties/stakeholders of a criminal case.

During the exam, students may use their own code, and if need be, other laws. Other documents (PowerPoint slides, personal notes,etc.) will however not be allowed.

In order to ensure optimal usage of the code, references to other legal provisions will be accepted. Any other information will not be tolerated, and codes and laws may not be annotated (not by the publisher, nor by the students). Students may underline and highlight passages in the code, but only full words. They may also use adhesive notes or bookmarks, provided that they are blank or only contain the title of a code or law or an article number; they may not include any other information.

Work placement(s)

This course does not include an internship.

Organisational remarks and main changes to the course

Students should bring their code to class and make active use of it.

Contacts

Teacher/Professor : Vanessa Franssen - vanessa.franssen@uliege.be 

Assistant :

Anne Werding - a.werding@uliège.be


Secretariat : Julie Debroux - J.Debroux@uliege.be - 04/366.31.59

Association of one or more MOOCs

The MOOC entitled 'Introduction au Droit (D3)' is associated with this course.


Additional information:

https://www.fun-mooc.fr/fr/cours/etudier-le-droit-une-introduction/