6 ECTS credits
150 u studietijd
Aanbieding 2 met studiegidsnummer 4000746FER voor alle studenten in het 1e semester met een gespecialiseerd master niveau.
This course studies the criminal law and criminal procedural law of some European countries in comparative perspective, mostly neighbours to Belgium. This is done through a comparison of the institutions and rules in this field. Further a link is made with European law (both EU and the ECHR) and examines the role of harmonisation of national law through Europe. Therefor the study is put into a European perspective.
The aim of the course is first to have a good (thus not the details) knowledge of these systems. Further, the aim is to look at things in a different way, this is trough comparison and by putting the national law in a European perspective. With a comparative study of the different rules of law, one will look at the differences and similarities in the different countries and to common evolutions and trends. The purpose is a better understanding of the own law system, but also being able to look at solutions for problems that occur in each country. One should also become aware of the importance of European law on the national law and in particular of the harmonisation that has been achieved in different parts of criminal law and procedure by introducing common standards or rules all over Europe.
The course consists of three parts, a first regarding the criminal law, a second part regarding criminal justice and procedure and a final third part regarding the harmonisation of criminal law and procedure in Europe. For students who want to go further an introduction o the comparative method is provided (not for the exam).
In the first part the Criminal Law in Europe is studied. The focus is on what on the continent is called the general part of the criminal law and not on the study of the offences. Some topics will be studied in French, English and German law. These topics are: characteristics of criminal law and layers of criminal liability, principle of legality, actus reus and mens rea, causation, defences, attempt, participation, liability of legal persons and AI. By putting the rules next to each other and studying the same concepts a comparative reflection can be made.
In the second part some institutions and rules of the criminal Justice and the rules of Criminal Procedure are examined of some European countries. More in particular, parts of the law of France, the Netherlands, Germany and to some extent Switzerland and England are studied trough certain topics. These are: judicial organization, prosecutor's office, pre-trial procedure and the pre-trial judge, plea-bargaining and alternative procedures, pre-trial detention (other of further topics can be announced in the lectures). By putting the institutions and rules next to each other and studying the same concepts a comparative reflection can be made.
In the third part, the course explains the importance of the European context of criminal law and procedure today. Follows a brief introduction to European criminal law and the role of Europe in harmonisation of criminal law and criminal procedure. It explains the limited harmonisation in the field of the general part of criminal law. Next, harmonisation of criminal procedure trough European law will be explained trough some topics. Following topics will be studied: right to be assisted by a lawyer, right of translation and an interpreter, rights for victims. The implementation of these rules in national law will also be examined.
None.
De beoordeling bestaat uit volgende opdrachtcategorieën:
Examen Mondeling bepaalt 100% van het eindcijfer
Binnen de categorie Examen Mondeling dient men volgende opdrachten af te werken:
Oral exam: three questions, one from the criminal part and on from the procedural part and one regarding the European harmonisation. The questions can be prepared in written during at least 15 minutes. All questions will be in form of a question with multiple-choice answers, where the student during the oral exam has to explain the reasons for the choice the student made and the reasons why other choices weren’t opted. The questions are not only aimed at knowledge but also to show the student abilities to compare rules and to have obtained an advanced level of insight trough comparison.
Some short additional questions can be asked during the exam.
Legal texts can be used during the exam. It is not allowed to provide legal texts with notes, but highlighting or underlining is allowed.
The use of an English dictionary is allowed.
The use of any form of generative AI is forbidden during the oral exam.
Deze aanbieding maakt deel uit van de volgende studieplannen:
Master in de rechten: Dual Master in Comparative Corporate and Financial Law
Master in de rechten: burgerlijk en procesrecht
Master in de rechten: criminologie
Master in de rechten: economisch recht
Master in de rechten: fiscaal recht
Master in de rechten: internationaal en Europees recht
Master in de rechten: publiek recht
Master in de rechten: sociaal recht
Master in de rechten: strafrecht
Master in de rechten: Law and Technology
Master in het internationaal en Europees recht: Standaard traject