Face-to-face , second term, 22,5 hours of theory and 4,5 hours of tutorials with cases.

French

French

HDDR1215B - Exercises session with casus in Crimanal law and Procedure [2 Q. • 4,5 Ex. • Pond. : 1] N.
HDDR1215A - Criminal law procedure [2 Q. • 22,5 Th. • Pond. : 3] Damien Vandermeersch

By the end of the course, the students should be able to master the fundamental notions of the criminal law procedure, not only in terms of theory, but also in its practical implications. The students should be able to explain the different stages that mark the criminal trial (information, inquiry, trial, right of appeal, etc.) as well as the role and responsibilities of the different protagonists who comprise it (prosecutor, judge, defence, civil party, etc.). The students should also be able to use the different sources of criminal law procedure, be they legislative or jurisprudential, national or international.

At the end of these exercise sessions, the student should have developed:
- his mastery of legal methodology (research and use of sources of law, structure of a text, correct referencing of commentaries);
- the ability to reason in law (identify a legal issue and develop a clear and precise answer; read, understand and analyse legal texts; use legal language correctly; develop a sense of reasoned critique);
- his ability to express himself on a legal issue (in discussions with the probationary lecturer and between peers);
- his time-management (meet deadlines) and collective work skills (group research and discussions are encouraged, however, each student has to submit a personal and original work)

For the Bachelor in Law (Evening Programme) :

For the Bachelor in Law (Evening Programme) :

Having set out the guiding principles of criminal law procedure, the course will describe the exercise and suppression modes of public action and civil action. It will then move on to the protagonists and characteristics of the pre-trial stage (information and inquiry) and trial stage of the criminal trial, ending with the examination of appeal rights.

These practical exercises are in line with the constitutional law, criminal law and criminal procedure courses. The aim is to come in contact with legal practice, by analysing specific documents and the resolution of a practical case.

The course is a lecture centred around: emphasising, both in theory and in practice, the most important points of the subject matter; establishing links between the different parts of the course and comparisons between principles and concepts; the commentary of applicable clauses and the illustration of principles, based on examples taken from legal practice.

Three mandatory sessions of three hours, plus “duty hours” for appointments and the possible visit of a "law venue" (e.g. correctional hearing).

Are available on eSaintLouis: specifications manual, files and documents discussed during sessions, as well as the statement of the casus.
Outside of course hours, the teachers are available by email and by appointment for further information.

The final assessment is an oral examination on the subject matter studied in class, including three questions that the students may prepare in writing (one question will be based on a practical case). The questions aim to assess the students' level of knowledge, to test their ability to read, understand and explain legal texts and decisions of jurisprudence related to the subject matter. The students must have their Penal Code with them, the Code can be highlighted and contain references, but cannot contain any comments or annotations.

The criteria taken into account for the evaluation are:
• the compliance with instructions and methodological constraints
• the quality of the research (selection of sources relevant to the case resolution)
• the relevance of legal reasoning (identifying the legal issues raised by the topic; rigor, precision and consistency in the response)
• the intellectual approach (statements supported by rigorously detailed sources, distinction of levels of speech, critical perspective, clarity of structure);
• writing (layout, level of language, spelling, grammar, vocabulary)

Three weeks after the distribution of the statement, students will be asked to hand in a status report evaluated:
- In the criminal law and criminal procedure tutorials, as a bonus: depending on its quality, it may give the student between -1 and +2 points on the final mark;
- In the constitutional law tutorial, 1/4 of the final mark (i.e.: 5 out of 20 points).

The work is marked out of 20 points.

Besides the course's support documents, the students may refer to the following work: Bosly h-d., Vandermeersch d. et Beernaert m-a., Droit de la procédure pénale, 5e éd., Bruxelles, La Charte, 2008, to deepen their understanding of the subject matter or to guide them in their practical work.

Documents available on eSaintLouis or handed out during sessions.

The course uses the following book as support:
N. Basecqz, M-A. Beernaert, Ch. Guillain, P. Mandoux, M. Preumont, D. Vandermeersch,
Introduction à la procédure pénale, La Charte, 2012.
The students should also be in possession of an updated Penal Code.

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