Criminal Sanction's Execution Law

lcrim2109  2022-2023  Louvain-la-Neuve

Criminal Sanction's Execution Law
4.00 credits
30.0 h
Q1
Teacher(s)
Beernaert Marie-Aude; Moreau Thierry;
Language
French
Prerequisites

The prerequisite(s) for this Teaching Unit (Unité d’enseignement – UE) for the programmes/courses that offer this Teaching Unit are specified at the end of this sheet.
Main themes
The topics covered will include questions related to the execution of all types of criminal sanctions(custodial sentenes, restrictions of personal liberty or financial sanctions). It will also examine the issue of the execution of sanctions imposed abroad, as well as the rules governing the registration or deletion of convictions in criminal records.
Learning outcomes

At the end of this learning unit, the student is able to :

1 The course aims at supplementing the training of the students in criminal matters, by focusing on the end of the prenal process : the excecution of criminal sanctions.
Three specific objectives assigned with the course are:
  • to familiarize the students with the fundamental principles, the concepts and the legal technique which are specific to the execution of criminal sanctions
  • to learn them to handle the legal sources applicable in the field (statute, case law and doctrine);
  • to develop their critical sense and make them sensitive to respect of human rights for the weakest.
 
Content
After a general introduction devoted to the sources and the actors involved in the execution of criminal sanctions, the course will deal successively with the enforcement of non-custodial sentences (community service, probation, ... ) financial sentences (fines, confiscation) and custodial sentences (imprisonment). It will also address the issue of criminal records and rehabilitation.
Teaching methods
The course is built on the basis of a particular process that requires the student to be present in the classroom.

The principle is that the student acquires the knowledge during a personal preparation of the course (readings and research) accompanied by an evaluation to be deposited on the moodle site before the class.

The face-to-face classes are devoted to :

- answering students' questions on the subject prepared
- deepen certain parts of the subject or to give a particular light on it
- illustrate the subject with example
- doing exercises
- participating in debates within the audience

The preparation work to be done corresponds to the work to be done in block, the student being immersed in the subject matter for the duration of the course.

Consequently, the evaluations that precede the face-to-face courses and those that take place during these courses take the place of an exam.
Evaluation methods
The course is a continuous assessment course.
As this is a continuous assessment course, attendance at this course is required. In accordance with article 72 of the General Regulations for Studies and Examinations, the Professors may propose to the jury that a student who has at least three unjustified absences for the course, be refused registration for the January, June or September session.
The evaluation can take various forms.
In the first session :
1) Each course is prepared in advance by the students. The student must take note of all the documents provided. They may be required to do research. Before the preparation, a question is sent by the teacher. The student must submit a written and personal answer on the course website at the latest the day before the course. The preparation work can also end with a MCQ to be completed before the course.
2) At the end of each course, the student is given a question to solve before leaving the course or an MCQ.
There are no exams in session.
The evaluation criteria will be as follows:
-  understanding of the material (ability to identify and mobilize concepts and sources adequately, rigor, precision)
-  critical analysis (ability to fuel the debate and broaden the problematic, relevance and depth of the argument)
-  formal aspects (spelling, syntax, punctuation, precision of vocabulary...).
In the second session, there are two possible scenarios :
1) Either, the student who has failed has submitted all of his or her preparations (unless exempted), attended the classes and presented the questions or MCQs in the first session. In this case, the examination will be a take-home exam covering the entire subject.
2) Or the student has not submitted all of his or her preparations, attended classes and presented the quizzes or MCQs in the first session. In this case, he/she must complete a double performance:
- The take home provided in case 1)
- A 40-page paper to be handed in by email to the teachers on the first day of the session. For this work, students must contact the teacher before July 15 to identify themselves and ask for the theme of the work.
This work implies at least:
             § Familiarity with all the documents included in the preparation of the course
             § A personal research
             § A practical approach
Other information
Online resources
The student must register on Moodle to have access to the powerpoints and texts to be read as well as to deposit the documents and comments requested for the evaluations.
Bibliography
  • M-A. Beernaert, Manuel de droit pénitentiaire, 3e éd., Limal, Anthemis, 2019
  • Th. Moreau et D. Vandermeersch, Eléments de droit pénal, Bruxelles, La Charte, 2022
  • Code de droit pénal
Teaching materials
  • M-A. Beernaert, Manuel de droit pénitentiaire, 3e éd., Limal, Anthemis, 2019
  • Th. Moreau et D. Vandermeersch, Eléments de droit pénal, Bruxelles, La Charte, 2022 (disponible au service cours dès la rentrée)
  • Code de droit pénal
Faculty or entity
ECRI


Programmes / formations proposant cette unité d'enseignement (UE)

Title of the programme
Sigle
Credits
Prerequisites
Learning outcomes
Master [120] in Law

Master [120] in Criminology