6 ECTS credits
150 h study time

Offer 2 with catalog number 1020543BNW for working students in the 2nd semester at a (B) Bachelor - advanced level.

Semester
2nd semester
Enrollment based on exam contract
Impossible
Grading method
Grading (scale from 0 to 20)
Can retake in second session
Yes
Enrollment Requirements
Materieel Strafrecht - W
Taught in
Dutch
Faculty
Faculty of Law and Criminology
Department
Metajuridica
Educational team
Paul De Hert
Barbara Huylebroek
Maarten Colette (course titular)
Activities and contact hours
24 contact hours Lecture
16 contact hours Seminar, Exercises or Practicals
100 contact hours Independent or External Form of Study
Course Content

This course examines the Belgian legal framework on criminal punishment: when is behaviour considered to be punishable and how is this operationalised in the evaluation and punishment of particular behaviour of an individual? We study, among other things, the legal definition of an offence and its extensions and mitigations as well as the different types of penalties and how they must be imposed. We learn how these abstract provisions are applied to concrete facts and individuals.

The course consists of lectures and practical seminars, the latter offering additional information, illustrations and exercises. It includes the following topics:

  1. General introduction:
  2. The criminal law (i.a. principle of legality, interpretation of criminal provisions, human rights, principle of non-retroactivity, territorial reach, personal reach)
  3. The offence: definition, material element and moral element, classification, aggravating circumstances, criminal attempt, grounds for justification
  4. The offender: leggal entity, criminal participation, grunds for exculpation, unaccountability, mitigating circumstances
  5. Sanctions: overview of penalties and sanctions, rules of application, modalities of penalties, termination of penalties
Course material
Handbook (Required) : Overzicht van het Belgisch algemeen strafrecht, Filiep Deruyck, Yannic Van Landeghem, 3de, Die Keure, 9789048639519 , 2021
Handbook (Required) : Wetboek Strafrecht , Strafwetboek, wetboek van strafvordering, bijzondere wetten, G. Vermeulen, 41ste herziene uitgave, Maklu, 2000000007465, 2023
Digital course material (Required) : Powerpoint slides
Additional info

It is recommended to make use of a codex (legal textbook) during the exam. Such codex can be used under the following conditions:

  • The use of an annotated codex is prohibited;
  • The codex does not contain any added text, arrows, symbols or characters. Cross-references or any other forms of code are strictly forbidden;
  • Text passages can be underlined or highlighted under the condition that they consist of complete sentences or complete words. It is strictly prohibited to insert any form of code through the use of colors or other signs;
  • Use of post-its or other means of compartmentation or structuring of the codex to improve its user-friendliness is allowed, provided that these do not consist in cross-referencing or coding;
  • The codex is under no circumstance or in any way used as an instrument of fraud

Codices are inspected during the exam. A codex which does not comply with the guidelines  set out above, will be temporary confiscated and cannot be used during the exam.

These rules are to be considered as "additional rules", i.e. an explicit deviation from the supplementary faculty regulations regarding the use of tools during exams (November 27, 2012), article 2 (aanvullend facultair reglement met betrekking tot het gebruik van hulpmiddelen tijdens examens d.d. 27 november 2012).

Digital lectures will be available for working students. More information will be communicated via the course unit platform in Canvas.

Learning Outcomes

Algemene Competenties

1. Teaching results of the program

  • The graduate is familiar with the key theoretical concepts, basic methods and techniques of related fields of sciences (such as law, psychology, philosophy, history, sociology).
  • The graduate is highly interested in, and sensible to social and criminological topics.

2. Teaching results of the course

  • The student has a thorough understanding of the actual state of law regarding criminal law and its ratio legis, and can situate and contextualize a situation or problem within this legal framework 
  • The student is able to define and accurately explain the key theoretical concepts and legal terms and is able to apply and implement those concepts and terms when confronted with a legal issue.
  • The student can interpret the relevance and consequences of an observed or imposed issue, problem or recent event in the context of criminal law.
  • The student is capable of interpreting and qualifying a legal problem, engaging the necessary research for relevant information (e.g. in legal textbooks) and autonomously come to an adept solution.
  • The student understands the relation between the different aspects of criminal law, is able to detect problems or lacunas in the actual state of law, and is competent to accurately report on these observations.

Grading

The final grade is composed based on the following categories:
Written Exam determines 75% of the final mark.
Other Exam determines 25% of the final mark.

Within the Written Exam category, the following assignments need to be completed:

  • Written Exam with a relative weight of 75 which comprises 75% of the final mark.

Within the Other Exam category, the following assignments need to be completed:

  • Participation with a relative weight of 25 which comprises 25% of the final mark.

Additional info regarding evaluation

Student evaluation is conducted by means of (1) a written examination on the lectures (graded on 15 out of 20 points) and (2) an evaluation in the course of the practical seminars (graded on 5 out of 20 points).

The examination on the lectures consists of a test with questions on the course material, i.e. the information given in class (eg power point presentations) and the textbook of A. De Nauw and F. Deruyck. A list with text passages excluded from the exam will be provided by the lector. 

The lecture exam covers the material covered in the lectures (including power point presentations) as well as all material in the textbook. This book must be completely known, except for the passages that are explicitly said to be omitted. A list of omitted passages will be distributed by the instructor. The examination at the lectures is written and consists of a case question (at 10 out of 15 points) and several mc questions (at 5 out of 15 points).

Questions that can be asked based on the case during the written:

  1. For what charges can the individuals be prosecuted ? Indicate the correct article of the law for each charge.
  2. For each charge, indicate:
  • Is it a crime/ misdemeanor/violation and why?
  • What kind of penalty is being imposed?
  • Is correctionalisation/contraventionalisation possible?
  • Before which court should these facts be brought ?
  • Can grounds for justification, exclusion of guilt, exclusion of punishment or reduction of punishment be invoked? Why or why not?
  1. Is there a question of complicity or accessory on the part of the person concerned by virtue of the charges? If yes, why/why not?
  2. One may also ask about the calculation of a statute of limitations on the punishment
  3. Whether a person is still entitled to deferment or suspension.
  4. This case will stand at 10 points out of 15 points.

Examples of multiple choice questions (5 out of 15 points of the written). will be communicated via canvas.

The evaluation related to the practical seminars (graded on 5 out of 20 points) consists of (a) an evaluation of participation in the seminar (3 points) and (b) a written test (2 points).

Attendance of each session of the practical seminar is obligatory, and will be registered at every session. Absence can be excused only by force majeure (e.g. illness). Written attestation is required and needs to be provided at the following session. In the absence of such written attestation, or in the event an assignment or test is ignored, the student is excluded from the first exam period and will be directed to the second exam period. If an assignment is delivered past the deadline, grading will be adjusted accordingly. In the event of absences (even if excused), an additional assignment will be imposed.

The evaluation result for the practical seminar in the first exam period is retained for the second exam period. However, the student can explicitly waive this result in a written request addressed to the dean, lector and teaching assistant before July 15th of the same year. The student will then be assigned to draft a paper on an topic as defined by the teaching assistant. The student will be informed on the topic and deadline of his assignment after the deliberation of the first exam period, and the paper is discussed with the teaching assistant in the course of the second exam period. 

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

This offer is part of the following study plans:
Bachelor of Criminology: Standaard traject (only offered in Dutch)
Bachelor of Criminology: Verkort traject 1 (only offered in Dutch)
Bachelor of Criminology: Instroomplan 2 (only offered in Dutch)
Bachelor of Criminology: Instroomplan 4 (only offered in Dutch)
Bachelor of Criminology: Instroomplan 5 (only offered in Dutch)
Bachelor of Political Science and Sociology: - afstudeerrichting sociologie, minor criminologische wetenschappen (only offered in Dutch)