Duration
24h Th
Number of credits
| Master in law (120 ECTS) | 5 crédits |
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the first semester, review in January
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
The criminal procedure is often seen as a dry and very abstract subject. However, it is essential for today's legal practitioners, as the increasing judicialisation of society means the criminal procedure is no longer merely a support for substantive criminal law.
Over the course of time, it has become one of the means of protection of the defendants' fundamental rights.
The course on advanced questions related to criminal procedure will examine a number of related topics by following the Constitutional Court's case law. Especial attention will be given to the way in which the Constitutional Court aims to ensure an efficient protection of the litigants' rights as granted by the Constitution or by identical or similar international provisions. Once again, the course will engage the students' critical thinking skills as they are confronted with the tensions between the requirements of collective defence on the one hand and the need to respect persons, their freedom and their rights on the other hand, which underlies the entire criminal procedure.
The various phases of criminal litigation will be examined in part taking into account the teachings of the Constitutional Court's main decisions in this field. Especial attention will be devoted to certain specific procedures and to the victim compensation process.
While the undeniable increase in the number of cases submitted to the Constitutional Court has revealed a mismatch between certain outdated rules and principles of the criminal procedure on the one hand, and fundamental rights such as defence or access to the judge on the other hand, one can legitimately wonder if the Constitutional Court intends to create, based on its decisions, a specific model of criminal procedure that could influence how criminal trials are understood.
In other words, the course will look into the contribution of constitutional case law when interpreting or developing rules that may or may not be part of a strategy to define the broad lines of an overall consistent vision of the criminal procedure.
Learning outcomes of the learning unit
Rather than memorise a set of rules - whose practical implications might elude them -, students are taught to develop the right habits to identify problems and attempt to solve them.
The main idea is to train students to be future legal practitioners that have the necessary tools to understand procedures, the origin and the basis of rules, their practical implications and their compliance with international regulations, especially the European Convention on Human Rights.
Prerequisite knowledge and skills
This course is open to all students. It is however recommended that they have previous knowledge of the criminal procedure.
Planned learning activities and teaching methods
The course is given as lecture classes and, as far as possible, practical work.
Mode of delivery (face to face, distance learning, hybrid learning)
Classes will be held in accordance with the schedule that will be provided to students.
Recommended or required readings
Students must obtain Olivier Michiels' book entitled "La jurisprudence de la Cour constitutionnelle en procédure pénale : le Code d'instruction criminelle remodelé par le procès équitable ?", published in September 2015 by Anthemis. The publisher will offer students a discounted price.
Students will sit an oral exam.
Work placement(s)
Organisational remarks and main changes to the course
Classes are held at the Faculty of Law, on the Sart-Tilman campus. The exams are held in the ULg's central building.