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Criminal Law (10 ECTS)

Lecturers: Dr A.A. van Dijk, Dr L.J.J. Peters

When: Year 1, Block 2

Brief course description: Comparative law research shows that criminal law systems around the world deal with similar subjects and thus more or less with the same issues. Although, at first sight, every country seems to follow a path of its own, to a great extent criminal law systems have the same foundations. Object of this part of the course is to study these fundamental and universal principles and concepts. Hypotheticals will be used to explain legal doctrines and to explore the moral foundations of legal rules. The following topics will be discussed: the legality principle, actus reus (commission versus omission, causation), mens rea (intent versus negligence), classification of offences, defences (justifications and excuses), inchoate offences, participation and theories of punishment. The course also examines procedural criminal law. Procedural criminal law systems differ substantially. The adversarial or common law approach has on another foundation than the inquisitorial or civil law approach. Nevertheless, all criminal law systems have to deal with similar subjects and thus more or less the same issues. And, in Europe, the jurisprudence of the European Court of Human Rights contains a standard that every system has to respect. The object of this part of the course is to study the main elements of procedural criminal law. The following elements of criminal procedure will be discussed: preliminary investigations, the right to be present or represented by counsel, the trial, evidence, and sentencing.

*Official course information and schedules during the academic year can be found in Ocasys.

Laatst gewijzigd:21 december 2017 10:16