Teacher(s)
Language
French
Learning outcomes
At the end of this learning unit, the student is able to : | |
| At the end of the course, the student should be able to master the main currents of modern criminal and criminological thought, as it has developed since the 18th century, the general principles of Belgian positive criminal law and the main characteristics of offences and penalties. The objective is to make the link between the theoretical perspectives of penal and criminological thought and the solutions of positive law, so as to provoke a reflexive approach of contemporary penal law. The student must also be able to handle the different sources of criminal law, whether legislative, doctrinal or jurisprudential. | |
Content
The course is divided into three parts.
a) The first part, the shortest one, is devoted to the study of criminal and criminological thinking (芦Introduction to criminal and criminological thinking I禄). It provides a review of the different trends in modern criminal and criminological thinking following an analytical common approach facilitating their comparison: traditional criminal thinking, positivist criminology, functionalist sociological theories, theories of social reaction, trends of thought centred on placing the victim back in the criminal field, penal thinking in front of the risk and the return of a biological explanation of crime.
b) The second part is devoted to the study of general criminal law (鈥淐riminal law鈥�). It focuses on the main questions relating to this field of law: criminal law (definition, purpose, relationship with the other types of law, clusters, sources, scope in time, interpretation); the offence (definition, classification, conditions of existence) and the offender (subjects, criminal involvement, recidivism).
c) The third part follows the study of general criminal law and is devoted to the criminal sentence (definition and characteristics, classification, functions, measure, modalities, alternatives, execution...).
a) The first part, the shortest one, is devoted to the study of criminal and criminological thinking (芦Introduction to criminal and criminological thinking I禄). It provides a review of the different trends in modern criminal and criminological thinking following an analytical common approach facilitating their comparison: traditional criminal thinking, positivist criminology, functionalist sociological theories, theories of social reaction, trends of thought centred on placing the victim back in the criminal field, penal thinking in front of the risk and the return of a biological explanation of crime.
b) The second part is devoted to the study of general criminal law (鈥淐riminal law鈥�). It focuses on the main questions relating to this field of law: criminal law (definition, purpose, relationship with the other types of law, clusters, sources, scope in time, interpretation); the offence (definition, classification, conditions of existence) and the offender (subjects, criminal involvement, recidivism).
c) The third part follows the study of general criminal law and is devoted to the criminal sentence (definition and characteristics, classification, functions, measure, modalities, alternatives, execution...).
Teaching methods
The course consists of a lecture centred on highlighting the most important points of the subject, on establishing links between the different parts of the course and comparisons between principles and concepts, on commenting on the applicable provisions and on illustrating the principles on the basis of case law decisions.
The course is supported by three syllabi (which follow the three parts of the course), available in PDF format on the course's Moodle site and for sale in printed versions.
A Power Point, available on the course's Moodle site, is projected during the course to facilitate commentary on legal texts and analysis of case law. Students are invited to study with their BAC code (2024-2025 edition).
A "case law folder", also available on the course's Moodle site and for sale in printed version, contains all the extracts of decisions seen during the course. Students must be in possession of this case law folder at the time of the exam.
Students are invited to consult the course's Moodle site regularly for the latest news, including announcements.
An online forum is available to answer questions during the academic year including the exam sessions.
At the end of the year, students are asked to evaluate the course.
The course is supported by three syllabi (which follow the three parts of the course), available in PDF format on the course's Moodle site and for sale in printed versions.
A Power Point, available on the course's Moodle site, is projected during the course to facilitate commentary on legal texts and analysis of case law. Students are invited to study with their BAC code (2024-2025 edition).
A "case law folder", also available on the course's Moodle site and for sale in printed version, contains all the extracts of decisions seen during the course. Students must be in possession of this case law folder at the time of the exam.
Students are invited to consult the course's Moodle site regularly for the latest news, including announcements.
An online forum is available to answer questions during the academic year including the exam sessions.
At the end of the year, students are asked to evaluate the course.
Evaluation methods
The evaluation is based on a written test, covering the subject matter of the course, with several types of questions (open questions, multiple choice questions, case law commentary). The questions aim to measure the students' level of knowledge, to test their ability to read, understand and explain legal texts and case law related to criminal law.
The student must bring his/her code to the test, as well as the case law folder (see below for annotation instructions).
The student must also bring the legal and regulatory texts relating to the subject being taught, as well as the index to a penal code other than the BAC Code.
The student can not bring to the test neither the criminal law syllabi nor the Power Point projected during the course.
The student must bring his/her code to the test, as well as the case law folder (see below for annotation instructions).
The student must also bring the legal and regulatory texts relating to the subject being taught, as well as the index to a penal code other than the BAC Code.
The student can not bring to the test neither the criminal law syllabi nor the Power Point projected during the course.
Other information
With regard to annotations to the BAC Code, holders should refer to the instructions included in the BAC Code.
Bookmarks (or "post-its") may be used, but they may only mention the official title and date of the legislation in question.
As regards annotations to the case law folder, they may only consist of circling, underlining or "highlighting" in whole or in part, using different colours if necessary. The folder may also be divided using bookmarks (or "post-its") on which the folder titles and sub-titles may be reproduced, without any other annotation (no indication of the legal provision relating to the subject).
CAUTION: any annotation, even a single word, which exceeds the limits indicated here will be considered as fraudulent.
Bookmarks (or "post-its") may be used, but they may only mention the official title and date of the legislation in question.
As regards annotations to the case law folder, they may only consist of circling, underlining or "highlighting" in whole or in part, using different colours if necessary. The folder may also be divided using bookmarks (or "post-its") on which the folder titles and sub-titles may be reproduced, without any other annotation (no indication of the legal provision relating to the subject).
CAUTION: any annotation, even a single word, which exceeds the limits indicated here will be considered as fraudulent.
Bibliography
Les 茅tudiant路es qui d茅sirent approfondir la mati猫re peuvent consulter l'ouvrage de r茅f茅rence, disponible 脿 la biblioth猫que (Fr. Tulkens, M. van de Kerchove, Y. Cartuyvels et Chr. Guillain, Introduction au droit p茅nal. Aspects juridiques et criminologiques, 10e 茅d., Bruxelles, Story-Scientia, 2014), ouvrage qui comporte une bibliographie importante, mais n'est plus 脿 jour sur de nombreux points.
Une bibliographie se trouve 茅galement 脿 la fin du syllabus.
Students wishing to study the subject in greater depth can consult the reference work available in the library (Fr. Tulkens, M. van de Kerchove, Y. Cartuyvels and Chr. Guillain, Introduction au droit p茅nal. Aspects juridiques et criminologiques, 10th ed. Brussels, Story-Scientia, 2014), which includes an extensive bibliography, but is out of date on many points.
A bibliography can also be found at the end of the syllabus.
Une bibliographie se trouve 茅galement 脿 la fin du syllabus.
Students wishing to study the subject in greater depth can consult the reference work available in the library (Fr. Tulkens, M. van de Kerchove, Y. Cartuyvels and Chr. Guillain, Introduction au droit p茅nal. Aspects juridiques et criminologiques, 10th ed. Brussels, Story-Scientia, 2014), which includes an extensive bibliography, but is out of date on many points.
A bibliography can also be found at the end of the syllabus.
Teaching materials
- Sylla DP 24-25 Tome I, Sylla DP 24-25 Tome II, Sylla DP 24-25 Tome III
Faculty or entity
