Face-to-face , first term, 60 hours of theory.

First term
Tuesday from 17:15 to 19:15 at 43 Botanique 3
Monday from 19:15 to 21:15 at 43 Botanique 4

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 (Evening Programme) :

For the Bachelor in Information and Communication :

For the Bachelor in Economics and Management :

For the Bachelor in Political Sciences: General :

For the Bachelor in Sociology and Anthropology :

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 examination relating to the subject studied in class, composed of several questions and preceded by 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 student must be in possession of his code during the examination, as well as his case law folder (see below for instructions on annotations). The student may not bring to the examination either the criminal law syllabus or the powerpoints projected during the course.

No recommended reading

The course is based on two « syllabus » (Part I, coordinated by Y. Cartuyvels and Part II, coordinated by Ch. Guillain), available for sale at the reprography. Power points, available on each professor's Moodle website, are projected during the course to facilitate the commentary on legal texts and the analysis of case law decisions. Finally, a "Case Law folder ", also available for sale at the reprography, contains all the relevant highlights of the cases commented during the course. The student must be in possession of this Case Law folder during the examination.

For those who wish to deepen their knowledge, a reference book is available at the library (Fr. Tulkens, M. van de Kerchove, Y. Cartuyvels and Chr. Guillain, Introduction to Criminal Law. Legal and Criminological Aspects, 10th ed., Brussels, Story-Scientia, 2014). The bookcontains an important bibliography but is no longer up to date on many points.

Annotation of the Saint-Louis Code BAC

The Saint-Louis Code- BAC can only be annotated within the following strict limits.

- The articles of the Code may be preceded by a cross and underlined or "fluoted", using different colours if appropriate.

- Below each article, a reference to another article or other legislation closely related to the article in question may be indicated, but only the official title of the law and the number of the relevant article may appear in such annotation. Any other terms are excluded reproduced. A fortiori, terms mentioned in the comments provided during the course are excluded.

Bookmarks (or "post-it") may be used, but they may only mention the official title and date of the legislation concerned.

Annotation of the Case Law folder L

The content of the Case law folder can only be underlined or "fluoted", using different colours where appropriate. The folder can also be divided using bookmarks (or "post-it") on which the titles and subtitles of the folder can be reproduced, without any further annotations (no indication of the legal provision relating to the subject).

- ATTENTION: any annotation, even a single word, that exceeds the limits indicated here will be considered as a fraud. The student's mark will then be reduced to 0/20 (cf. article 66 of the General Regulations for Studies and Exams).