Comparative Criminal Law and Criminal Procedure

6 ECTS credits
150 h study time

Offer 2 with catalog number 4000746FER for all students in the 1st semester at a (F) Master - specialised level.

Semester

1st semester

Enrollment based on exam contract

Possible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Taught in

English

Partnership Agreement

Under bilateral Erasmus agreement
Under interuniversity agreement for degree program

Faculty

Faculty of Law and Criminology

Department

Publiek recht

Educational team

Daniel De Wolf (course titular)

Activities and contact hours

26 contact hours Lecture
120 contact hours Independent or External Form of Study

Course Content

This study builds further on some parts of the study of criminal law and criminal procedure. This means that trough the comparative method some topics studied in the courses of the Bachelor will be be further studied. The influence of European law will also be highlighted.

The course starts by explaining the importance of the European context of criminal law and procedure today. After a brief introduction to European criminal law and the role of Europe in harmonisation of criminal law and criminal procedure, some parts of the criminal law and procedure will be studied trough the rules in France, Germany and the Netherlands and for some parts in English law.

For criminal law following topics will be studied: the 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. For criminal procedure following topics will be studied: judicial organization, prosecutor's office, pre-trial procedure and the pre-trial judge, plea-bargaining and alternative procedures, pre-trial detention, remedies. Finally some examples of harmonisation of criminal procedure trough European law will be studied. 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.

Through 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.

Course material

Digital course material (Required) : Comparative criminal law and procedure in a European context, D. De Wolf, Canvas
Handbook (Required) : Comparative Concepts of Crimianl Law, J. Keiler and D. Roef, 3de, Intersentia, 9781780686851, 2019
Digital course material (Recommended) : Legal texts, Canvas

Additional info

None.

Learning Outcomes

Algemene competenties

The student has with the help of legal texts, a good knowledge of the main rules of criminal law and procedure in France, Germany and the Netherlands and for some parts England.
The student is undependably able to analyse the own law system by comparing it with the law of another country.
The student can show the connexion between studied legal rules.
The student give an explanation for the existence of rules of laws in the studied law systems.
The student can summarize the evolutions and trends of the law in the studied law systems.
The student can give by itself solutions for problems and evaluate them with other solutions.

Grading

The final grade is composed based on the following categories:
Oral Exam determines 100% 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 100% of the final mark.

Additional info regarding evaluation

Oral exam: two questions, one from the criminal part and one from the procedural part. The questions can be prepared in written during 15-20 minutes. 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.

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