Criminal Procedure and Human Rights

Faculteit Rechtsgeleerdheid
Jaar 2019/20
Vakcode RGMSR50406
Vaknaam Criminal Procedure and Human Rights
Niveau(s) master
Voertaal Engels
Periode semester I a (Blok 1)

Uitgebreide vaknaam Criminal Procedure and Human Rights
Leerdoelen Upon completion of this course, the student will achieve the following:
Final attainment levels knowledge and insight:
• Specialised knowledge of and insight in procedural criminal law, including rules of procedure and evidence, and of human rights law, at the domestic, regional and international levels;
• Specialised knowledge and insight to solve problems raised by the interactions between procedural criminal law and human rights law and their impact on rules of procedure and evidence;
• Enhanced knowledge of and insight in the wider international context in which procedural criminal law operates and its interactions with international, regional and domestic criminal legislation and with human rights instruments;

Final attainment levels skills and attitude:
• The ability to independently collect, evaluate and apply relevant domestic, regional or international legislation, jurisprudence and literature related to a complex problem of procedural criminal law, including in its human rights aspects;
• The ability to conduct independent academic legal research in the fields of criminal law and European human rights law;
• The ability to independently engage in academic discourse on procedural criminal law and European human rights law with peers from a variety of backgrounds;
• The ability to make a complex argument concerning procedural criminal law and European human rights law understandable in written and spoken English to peers from a variety of backgrounds.
Final attainment levels study orientation and careers guidance:
• Knowledge and insight in the career perspective;
• Insight in the requirements that are needed, as a result of the permanent and quick development of positive law, for self-study and personal decision-making.
Omschrijving Detailed study of the impact of human rights (right to a fair trial in particular) on criminal law and criminal procedure to assess whether a coherent normative corpus of common standards of evidence is emerging. This course adopts a ‘horizontal’ comparative approach to critically explore various criminal law systems and traditions and to identify the challenges raised by fact-finding procedures. It also adopts a ‘vertical’ comparative approach to assess the import and significance of international human rights instruments – and notably the European Convention on Human Rights - which influence both the theory and the application of domestic criminal law in an increasing number of countries.

Formative assessment: Oral (individual or group) case law analysis, contextualising judicial decisions and critically assessing their import and impact.
Summative assessment: Critical legal essay or case analysis based on relevant case law and academic literature (maximum 2,500 words).
Uren per week 4
Onderwijsvorm hoorcollege
(14 2-hour lectures (over 7 weeks). The module is divided into 14 lectures of two hours each, requiring active participation of the whole group under guidance of the lecturer.)
Toetsvorm paper, presentatie(s)
Vaksoort m5-niveau, juridisch
Coördinator prof. dr. C.I. Fournet
Docent(en) prof. dr. C.I. Fournet
  • This course is only accessible for students that have been fully admitted to a master's degree programme within the Faculty of Law.
  • This course is not open to non-law exchange students.
  • Not accessible for students who have passed Proof, Evidence and Law before 1-9-2015.
Opgenomen in
Opleiding Jaar Periode Type
Exchange programme 1 semester I a optional
LLM Global Criminal Law 1 semester I a compulsory
Open Colleges - semester I a keuze