Face-to-face , first term, 70 hours of theory.

First term
Monday from 09:00 to 10:00 at 43 Botanique 1
Wednesday from 08:30 to 10:30 at 43 Botanique 1
Thursday from 10:45 to 12:45 at 43 Botanique 1

French.

By the end of the course, the students should be able to master the main currents of modern criminal and criminological thinking, as it has developed since the 18th century, the general principles of Belgian substantive criminal law and the main characteristics of offences and sentences. The aim is to link the theoretical perspectives of criminal and criminological thinking with the positive law solutions in order to generate a reflexive approach of contemporary criminal law. The students should also be able to handle the different sources of criminal law (legislative, doctrinal or jurisprudential).

For the Bachelor in Law :

None

The course is divided into two parts.

a) The first part is devoted to the study of criminal and criminological thinking («Introduction to criminal and criminological thinking I»). It provides a review of the different currents of modern criminal and criminological thinking following a single analysis pattern facilitating their comparison: traditional criminal thinking, social thinking on crime, positivist criminology, functionalist sociological theories, theories of social reaction, currents of thought centred on the return of the victim in the criminal field.

b) The second part is devoted to the study of general criminal law (“Criminal law”). It focuses on the main questions relating to this field of law: criminal law (definition, purpose, relationship with the other branches of law, divisions, sources, scope in time and space, interpretation); the offence (definition, classification, conditions of existence); the offender (subjects, criminal involvement, recidivism); the sentence (definition and characteristics, classification, functions, measure, modalities, alternatives, etc.).

This course is a lecture centred around: emphasising 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 decisions of jurisprudence.

The assessment is an oral or written examination relating to the subject matter studied in class, composed of several questions that allow a written preparation. The questions aim to assess the students' level of knowledge, their capability to read, understand and explain legislative texts and decisions of jurisprudence related to the subject matter.

The reference work, used as support to the course, includes an extensive bibliography, which the students may use to deepen their understanding of the subject matter or to guide them in their practical work.

The course is supported by a book: Fr. Tulkens, M. van de Kerchove, Y. Cartuyvels et Chr. Guillain, Introduction au droit pénal. Aspects juridiques et criminologiques, 10e éd., Bruxelles, Story-Scientia, 2014. Slides also used in class facilitate the commentary of legal texts and the analysis of decisions of jurisprudence. These slides are available on the eSaintLouis website. The students should also have an updated Penal Code (Codes BAC are sufficiant).

Tools that the students may have at their disposal during the examination:

The students must have an updated Penal Code with him at the examination. This Code can be highlighted, divided into sections by “post-its”, but cannot contain any annotations (with the exception of numerical references to other legislative dispositions, without any commentary). The students can supplement their Code with additional texts (conventions, treaties, laws, regulations…) that cannot contain annotations.

The students can have at their disposal the portfolio of additional decisions, again without annotations.

The Criminal law book (see above) and the slides seen in class cannot be brought to the examination.