Recap: Criminal Law

2019-2020

Course Objective

(a) Subject specific
Upon completion of the course the student should have knowledge of:
- The criteria for criminalization and criminal liability
- The structure of the crime
- Justifications and defenses
- The role and position of central actors in the criminal justice system
- The basic principles of criminal procedural law:
o The role of the right to respect for the private life
o Presumption of innocence
o Nemo tenetur
o Fair trial/due process rights
- The distinction between adversarial and inquisitorial systems
- Punishment and measures
- Basic principles European criminal law
- Effects of European criminal law on domestic criminal law
- The position of the European Public Prosecutor’s Office
- Basic principles of international criminal law
- The role and limitations of international criminal law

(b) Academic learning outcomes
Upon completion of the course the student is able to:
- Read primary legal sources, detect structures of legal reasoning and
distinguish between principled and peripheral matters of law.
- Identify different legal regimes (domestic criminal law (inquisitorial
v. adversarial), European criminal law, international criminal law).
- Summarize and articulate legal rules and principles, jurisprudence and
academic literature pertaining to (comparative) criminal law, European
criminal law international criminal law.

(c) Social and communicational learning outcomes
- Present his or her analysis of jurisprudence or academic writings.
- Find relevant legal rules and principles, jurisprudence and academic
literature pertaining to (comparative) criminal law, European criminal
law and international criminal law .
- Select reliable sources to solve and articulate a point view in a case
in these areas.

(d) Study skills and professional orientation
- Apply legal rules and principles to criminal law cases.
- Offer interpretations of rules in light of changing circumstances
- Find relevant legal rules and principles, jurisprudence and academic
literature pertaining to substantive criminal law, criminal procedure,
European criminal law and international criminal law.
- Select reliable sources to solve legal problems.

Course Content

Recapitulation – Criminal law’, taught in the second semester of the
third year has three main objectives. In the first place, the core
elements of criminal law that have been discussed in the first two years
will be recapitulated. In addition, some new core elements that have not
yet been part of the courses in the first two years, will be introduced.
In the second place, the course aims to make the student familiar with
the basic principles and institutional embedment of European Criminal
law and its relation to national criminal law. Thirdly, the course will
introduce the student to the role and basic principles of international
criminal law (the law of the international criminal tribunals).
The course aims to deepen the understanding of the role of and relation
between the core elements of substantive criminal law and criminal
procedure and, hence, the functioning of domestic criminal justice
systems. This will be done by comparing approaches in which these
principles underpin domestic criminal justice systems and learn students
to critically reflect on the particularities of domestic criminal
justice systems. Subsequently, the course will turn to the influence of
European criminal law on the criminal justice systems of the Member
States. Students shall understand the institutional embedding of
European criminal law in relation to national criminal law. Lastly,
during this course particular attention will be given to the choices
made in international criminal law with regard to the core elements of
substantive criminal law and criminal procedure and to the understanding
of the role and limitations of international criminal law.

Teaching Methods

Lectures
Seminars (Attendance is mandatory)

Method of Assessment

Assignments
Presentations
Written exam

General Information

Course Code R_RecCL
Credits 6 EC
Period P4
Course Level 200
Language of Tuition English
Faculty Faculty of Law
Course Coordinator prof. dr. J.M. Harte
Examiner prof. dr. J.M. Harte
Teaching Staff

Practical Information

You cannot register for this course yourself; your faculty's education office carries out registration