6 ECTS credits
150 h study time

Offer 2 with catalog number 1000522BNR for all students in the 1st semester at a (B) Bachelor - advanced level.

Semester
1st semester
Enrollment based on exam contract
Impossible
Grading method
Grading (scale from 0 to 20)
Can retake in second session
Yes
Enrollment Requirements
Studenten die dit opleidingsonderdeel opnemen, moeten minstens 60 ECTS-credits op bachelorniveau behaald hebben en zijn geslaagd voor 'Strafrecht'. Of studenten zijn ingeschreven in een ander traject waar het opleidingsonderdeel voorkomt.
Taught in
Dutch
Faculty
Faculty of Law and Criminology
Department
Publiek recht
Educational team
Filiep Deruyck (course titular)
Patrick Waeterinckx
Yannic Van Landeghem
Audrey De Sloovere
Activities and contact hours
39 contact hours Lecture
13 contact hours Seminar, Exercises or Practicals
85 contact hours Independent or External Form of Study
Course Content

The course conists mainly of two parts:

  1. The general course of a criminal procedure and the rules to pursue the criminal and civil action.
  2. The different phases of criminal case (the criminal investigation, the intervention of the public prosecution and the investigating judge, the intervention of the investigating courts and the procedure at the courts (trial phase), including the legal remedies). 

The subject matter is explained in practical seminars that focus primarily on the study of 2 or 3 criminal files (see additional information below). 

Course material
Handbook (Required) : Overzicht van het Belgisch strafprocesrecht, Filiep Deruyck, Yannic Van Landeghem, 3de, Die Keure, 9789048641567, 2021
Course text (Required) : Strafprocesrecht, Documentatiebundel I Werkcolleges, Deruyck - De Sloovere - Waeterinckx, VUB, 2220170008684, 2021
Course text (Required) : Strafprocesrecht, Documentatiebundel II Werkcolleges, Deruyck - De Sloovere - Waeterinckx, VUB, 2220170008691, 2021
Course text (Required) : Strafprocesrecht, Documentatiebundel III Werkcolleges, Deruyck - De Sloovere - Waeterinckx, VUB, 2220170008936, 2021
Handbook (Recommended) : Bamacodex 3, Strafrecht, Deruyck - Spriet - Traest - Vander Beken - Verstraeten, Editie van het lopende academiejaar, Die Keure, 9789048644605, 2021
Additional info

1. Concerning the practical seminars

The course of Criminal Procedure is supported by practical seminars. During these practical seminars, the students are, interactively, taken through a criminal procedure on the basis of a criminal file. The criminal procedure is seen through the eyes of the different actors, such as the defendant, the public prosecutor, the civil party and the judge. 

A written test will be organized on the subject of these practical seminars. This test will take place at the same time as the written exam. 

Attendance to the practical seminars is necessary to understand the criminal procedure and is therefore mandatory. In case of unjustified non-attendence, the student is not allowed to take the written test on the subject of the practical seminars and obtains 0/5 on this test. 

2. Concerning the working students

For working students, 6 evening classes of 3 hours are scheduled. 

Learning Outcomes

General competencies

  • The students obtain a thorough knowledge of and insight in the different stages of the procedure and their mutual coherence: the investigation led by the public prosecutor, the investigation led by an investigating judge, committal procedure, the procedure at the courts (trial phase), including the legal remedies.
  • The students obtain an insight in the evolving nature of the procedural rules as a policy instrument (e.g. the successive legislation concerning pre-trial detention). 
  • The students are able to recognize the different procedural steps in a criminal case and to establish a critical approach towards the accompanying procedural documents (e.g. search warrants or wire-taping). In doing so, students pay attention to the need to strive for a fair balance of the different interests: on the one hand, the efficiency of the criminal law in the interest of society and, on the other hand, respect for the rights of each individual, both the accused and the victim. 

Grading

The final grade is composed based on the following categories:
Written Exam determines 75% of the final mark.
Other determines 25% of the final mark.

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

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

Within the Other category, the following assignments need to be completed:

  • Written Assignment WPO with a relative weight of 25 which comprises 25% of the final mark.

Additional info regarding evaluation

1. Concerning the written exam

The written exam consists of 15 multiple choice questions, examining the student's theoretical knowledge and understanding. The use of the not-annotated code of criminal procedure is permitted during the entire exam. 

2. Concerning the written test

The written test consists of a number of procedural acts, which contain a number or errors (e.g.: an arrest warrant issued by the public prosecuter, where this is the competence of the investigating judge). The student must identify and briefly explain the errors. 

3. Concerning the distribution of points

  • 75% written exam
  • 25% written test on the subject of practical seminars

The student who obtains a result of 10/20 for this course unit, but has a failing score on the exam (a score minor to 7,5/15) or on the test on the subject of the practical seminars (a score minor to 2,5/5), does not have to retake any part of the course unit. 

When a student has a result minor to 10/20 for this course unit, partial results cannot be transferred, except for a result of 2,5/5 or more for the written test on the subject of the practical seminars, which result can be tranferred to the second exam session but not to the following academic year (art. 141 § 2, 1st and 2nd part OER). The student can nevertheless renounce his or her earlier result of the written test on the subject of the practical seminars by sending an email to the course titular, including a copy to the Faculty Office, within five working days after the announcment of the global mark (art. 141, § 2, 3rd part OER). 

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 Laws: default (only offered in Dutch)
Bachelor of Laws: Verkort traject (only offered in Dutch)
Master of Laws: Verkort traject (only offered in Dutch)
Bridging Programme Master of Laws: Default track (only offered in Dutch)
Preparatory Programme Master of Laws: Default track (only offered in Dutch)