INTERNATIONAL ENCYCLOPAEDIA FOR CRIMINAL LAW 
Edited by Prof. Frank Verbruggen
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OUTLINES
Model Monographs Belgium Belgium
Table of contents
List of abbreviations
General introduction
General Introdution
§1. The general background of the country
I. Geography and climate
II. Population
III. Economy
IV. Political system and administrative structure
V. The judicial system
§2. Criminal law, criminal justice and criminal science
I. Definitions of criminal law
A. Criminal law
B. Substantive criminal law
C. Criminal procedure
D. Criminal offences
II. Characteristics of criminal law
III. Overview of the criminal justice system
A. The police
B. The prosecution service
C. Investigating judges and investigating jurisdictions
D. Trial jurisdictions
E. Prison system and after-care
F. The bar
G. Statistical overview
IV. Trends within criminal justice
§3. The historical background
§4. Sources of criminal law
I. International sources
II. National sources
A. The Constitution
B. Statute legislation
C. Statutory delegated legislation
D. Court decisions
§5. Classifications and technique of criminal law
Selected Bibliography
Part I. Substantive Criminal Law
Chapter 1. General Principles
§1. The principle of legality
I. Limitation on penalization
II. Legality and interpretation
§2. The principle of the individual guilty mind
§3. The principle of proportionality
Chapter 2. Scope of application of criminal statutes
§1. Principles concerning the applicability of criminal statutes with respect to time
I. Prohibition of retroactive criminal law
II. Retroactivity of the milder statute
III. The extent of the prohibition against retroactive criminal law
§2. Principles concerning the applicability of criminal statutes with respect to space
I. The territorial principle
II. Extraterritorial criminal jurisdiction
A. Principles
B. Cases
C. Localisation
D. The effect of foreign adjudication and execution
§3. Principles concerning the applicability of criminal statutes with respect to persons
I. Immunities based on national public law
II. Immunities based on international public law
Chapter 3. General principles of criminal liability
§1. Introduction - The basic elements of criminal offences
§2. The material or physical element (Actus Reus)
I. Description
II. Explication
III. Acts, omissions and causation
A. Offences of action
B. Offences of omission
C. Commission by omission
D. Causation offences
IV. Classification of offences from the point of view of the material element
A. Momentary and continuous offences
B. Occasional and habitual offences
§3. The moral or mental element (Mens Rea)
I. Subjective guilt or culpability
II. Intent
A. Degrees of intent
1. General intent
2. Specific intent
B. Types of intention with reference to their consequences
1. Direct intent (dolus directus)
2. Indirect or eventual intent (dolus eventualis)
III. Negligence
A. Definition
B. The evaluation of negligence
C. Types of negligence
IV. The required form of guilt
Chapter 4. Justification, excuse and other grounds of impunity
§1. General principles
§2. Grounds of justification
I. Public duty or orders of the authorities
II. (Self-)Defence
A. Posing the problem
B. Position within the national law
C. Conditions
1. Conditions relating to the attack
2. Conditions relating to the defence
D. Legal presumptions of (self-)defence
E. Putative (self-)defence
III. Legitimate resistance against unlawful acts of civil servants
IV. Necessity
A. Necessity as a justification
B. Conditions
C. Putative necessity
V. Consent of the victim
§3. Grounds of excuse
I. Introduction
II. Minority
III. Insanity
A. Insanity at the moment of the act or omission
B. Insanity at time the trial
IV. Intoxication
V. Force majeure and coercion
VI. Ignorance or mistake
A. Ignorance or mistake of law
B. Ignorance or mistake of fact
C. Special cases
§4. Other grounds of impunity
I. Report of some criminal offences to the public authority
II. Submission to the public authorities
III. Family relationship
Chapter 5. Incomplete or partly perpetrated criminal offences
§1. Criminal attempt
I. Describing the problem
II. Attempt statutes
III. Conditions
A. Intent to commit a crime or a misdemeanour
B. Commencement of execution
C. Incompletion of the offence independent of the perpetrator's will.
IV. Attempting the impossible
V. The punishment for attempt
§2. Participation in, or parties to criminal offences.
I. General remarks
II. The requirement of a principal offence
A. The principal offence as a basic condition
B. The principal offence as a relevant factor in measuring punishment
III. Forms of participation provided for by law
A. Principal actors or principals
1. Principals in the first degree
2. Necessary aiders or abettors
3. Moral principals by individual instigation
4. Moral principals by collective instigation
B. Accomplices
1. Moral accomplices
2. Material accomplices
3. Useful aiders or abettors
V. The Required intent
A. General rules
B. Incidental departure from the intended unlawful enterprise
VI. Special Cases
A. Withdrawal from participation
B. Entrapment
Chapter 6. Classification and survey of criminal offences
§1. General classification of criminal offences
I. Ordinary and political offences
II. Ordinary and printing press offences
§2. Survey of criminal offences
I. Criminal offences of the penal code
II. Criminal offences in the special criminal laws
Chapter 7. The sanctioning system
§1. The general sanctioning system
§2. Punishments
I. The principal penalties
A. The death penalty
B. Custodial penalties
C. Fine
II. Accessory penalties
A. Fine
B. Special confiscation
C. Publication
D. Loss of rights
E. Deprivation of political and civil rights
F. Other accessory penalties
§3. Measures of security and reform
I. Protective and educational measures relating to minors
II. Protective measures against abnormal and habitual offenders
§4. Modes of punishment
I. Introduction
II. The postponement of sentencing
III. The suspended sentence
IV. Probation
§5. Principles and rules concerning sentencing
I. The general principles
II. Grounds for increasing punishment
A. Aggravating circumstances
B. Recidivism
III. Grounds for mitigating punishment
A. Extenuating excuses
1. Provocation or incitement to commit certain offences
2. Report of certain drug offences to the public authority
B. Mitigating circumstances
IV. Concurrence of offences
A. Concurrence by one act
B. Real concurrence of offences
C. Continued or collective offences
V. Combination of sentencing rules
Part II. Criminal Procedure
Chapter I. Principles, Institutions, Stages
§1. The judicial organisation
I. Trial jurisdictions
II. Investigating jurisdictions
§2. The stages of the penal proces
I. Two basic distinctions
II. The preparatory inquiry
A. Similarities and differences between the preliminary and judicial inquiry
B. The preliminary inquiry
1. The police and the prosecution service
2. The beginning and closing of the preliminary inquiry
a. The beginning of the preliminary inquiry
b. The closing of the preliminary inquiry
C. The judicial inquiry
1. The investigating judge , the prosecution service and the police
2. The beginning and closing of the judicial inquiry
a. The beginning of the judicial inquiry
b. The closing of the iudicial inquiry
III. The Prosecution
A. The attribution of the right to prosecute
B. The object of the right to prosecute
C. The suspension of the right to prosecute
D. The dissolution of the right to prosecute
1. Abolition of penal provision, grant of amnesty, death of the accused
2. Withdrawal of complaint, friendly settlement
3. Limitation by time
4. Non bis in idem [ provisions against double jeopardy]
IV. The inquiry in court
A. General characteristics
B. The Judge: an active but impartial arbitrator
C. The beginning and closing of the inquiry in court
1. The beginning of the inquiry
2. The closing of the inquiry
§3. The legal position of the accused and the civil party
I. Introductory remarks
II. The legal position of the accused
A. The provisions in the code of criminal procedure
B. Other applicable laws
III. The legal position of the civil party
A. General observations
B. The civil party in the preparatory inquiry
C. The civil party in the inquiry in court
§4. The rules of evidence
I. The principles of evidentiary law
II. The means of proof
III. The exclusion of evidence
Chapter 2. Powers, rights and duties in the pre-trial proceedings
§1. The powers and duties of the public prosecutor and the police in the preliminary inquiry
I. Introductory remarks
II. Covert policing methods
III. The powers to check and search
A. The powers to check
B. The powers to search
IV. The powers of entry, search and seizure
A. The powers of entry and search
B. The powers of seizure
V. The powers of arrest
VI. Miscellaneous
A. The powers at the scene of the offence
B. The powers to call in experts
§2. Powers, rights and duties within the framework of the pre-trial detention
I. Introdutory remarks
II. The warrants of attachment and of arrest
A. The warrant of attachment
B. The warrant of arrest
III. The continuation of pre-trial detention
IV. The lifting of the warrant of arrest
V. The appeals to the court of appeal and the court of cassation
A. The appeal to the indicting charnber
B. The appeal to the court of cassation
VI. The impact of the adjustment of the procedure on the detention
VII. An alternative to the pre-trial detention: freedom and release under conditions
§3. The powers and duties of the investigating judge and the rights of the accused in the judicial
inquiry
I. Introductory remarks
II. The powers to trace telephonic communications
III. The powers of entry, search and seizure
IV. The powers to interview the accused and witnesses
A. The interviewing of the accused
B. The interviewing of witnesses
V. Miscellaneous
A. The powers of inquiry 'on the spot'
B. The powers to call in experts
C. The powers to order a mental examination
Chapter 3. The inquiry in court
§1. The trial in the police courts and the correctional courts
I. The attendance of the parties
II. The course of the trial
III. The judgement of the case
§2. The trial in the assize courts
I. The preparation of the session
II. The course of the trial
III. The judgement of the case
§3. The legal remedies
I. Introductory remarks
II. The ordinary legal remedies
III. The extra-ordinary legal remedies
A. Ordinary appeal by way of an action to quash and/or set aside a judgement
B. Extra-ordinary appeal by way of an action to quash and/or set aside a judgment
Part III. Execution and Extinction of Sanctions
Chapter 1. Sources Of Penitentiary Law And Nature Of Regulations
Chapter 2. General Principles Concerning The Execution Of Sentences And Orders
Chapter 3. The Prison System
§1. Organisational structure
I. Prison administration and classification of penitentiaries
II. Classification of prisoners
§2. The penitentiary regime
I. Introduction
II. Aspects of living conditions
A. Visits, correspondence and telephone
B. Information and media
C. Prison labour
D. Disciplinary measures
E. Leave from prison
III. Forms of alternative execution of the prison sentence
§3. Prisoners rights, complaints procedures and judicial control
§4. Early release
I. Conditional release
II. Forms of provisional release
Chapter 4. Extinction of sanctions or sentences
§1. Pardon
§2. The limitation of the penalty by time
§3. Deletion of the conviction and rehabilitation of offenders
I. The deletion of the conviction
II. Rehabilitation
§4. Revision of sentences
I. Conditions relating to the nature of the sanction imposed
II. Circumstances justifying revision of the sentence
A. Inconsistency between distinct convictions
B. False statement
C. New facts or new circumstances
III. Procedure
General Conclusions
Index
