Chris Van den Wyngaert emeritus occasional assignment

Research Chris Van den Wyngaert

Research team

Expertise

Expertise in criminal law, criminal procedure and international criminal law.

The Probative Value of Evidence in Belgian Criminal Procedure: a Blind Spot in the Reform? Proposals to Adjust the Belgian Rules of Evidence from a European and International Perspective. 01/10/2010 - 24/10/2012

Abstract

This is a fundamental research project financed by the Research Foundation - Flanders (FWO). The project was subsidized after selection by the FWO-expert panel.

Researcher(s)

Research team(s)

Funding

  • FWO

Project type(s)

  • Research Project

The illegality and criminality of torture - in search of an absolute prohibition in the shadow of the war on terror. 01/10/2009 - 30/09/2011

Abstract

This is a fundamental research project financed by the Research Foundation - Flanders (FWO). The project was subsidized after selection by the FWO-expert panel.

Researcher(s)

Research team(s)

Funding

  • FWO

Project type(s)

  • Research Project

The Probative Value of Evidence in Belgian Criminal Procedure: a Blind Spot in the Reform? Proposals to Adjust the Belgian Rules of Evidence from a European and International Perspective. 01/10/2008 - 30/09/2010

Abstract

Researcher(s)

Research team(s)

Funding

  • FWO

Project type(s)

  • Research Project

The illegality and criminality of torture: in search of an absolute prohibition in the shadow of the war on terror. 01/10/2007 - 30/09/2009

Abstract

Researcher(s)

Research team(s)

Funding

  • FWO

Project type(s)

  • Research Project

The Assessment of Evidence in Belgian Criminal Procedure: a Blind Spot in the Reform? Proposals to Adjust the Belgian Rules of Evidence from a European and International Perspective. 01/10/2007 - 30/09/2008

Abstract

Researcher(s)

Research team(s)

Funding

  • BELSPO

Project type(s)

  • Research Project

Preliminary courts as a judicial link between pretrial criminal investigations and the trial on the merits : is there a need for a judicial control of the decision to prosecute before a case can reach the trial court. 01/10/2004 - 30/09/2006

Abstract

Preliminary courts are used to verify whether there is a prima facie case against the defendant and also, in some states, to exclude illegally obtained evidence. This research project examines the advantages and disadvantages of pretrial courts: is a intermatiate procedure of the kind described an essential guarantee for the accused and for an efficient procedure, or is it, on the contrary, a time-consuming process that only prolonges the proceeding without improving the quality of the trial?

Researcher(s)

Research team(s)

Funding

  • FWO
  • BOF

Project type(s)

  • Research Project

Seriousness of Crime as a Standard for Sentencing in the European and International Legal Order. 01/01/2003 - 31/12/2006

Abstract

The European Union has recently been focusing on new political objectives such as the 'the European area of freedom, security and justice' and the quest for 'harmonisation' and 'mutual recognition. Meanwhile, a host of instruments have been adopted in various fields such as terrorism, traffic in human beings and in drugs, sexual exploitation of minors etc. As far as the sanctioning of these offences are concerned, there is a need for a ius commune concerning the seriousness of crime, because of the great importance of the gravity of crimes in the national penal systems. The project aims at studying this evolution and at formulating concrete proposals.

Researcher(s)

Research team(s)

Funding

  • BOF

Project type(s)

  • Research Project

Preliminary courts as a judicial link between pretrial criminal investigations and the trial on the merits : is there a need for a judicial control of the decision to prosecute before a case can reach the trial court. 01/10/2002 - 30/09/2004

Abstract

Preliminary courts are used to verify whether there is a prima facie case against the defendant and also, in some states, to exclude illegally obtained evidence. This research project examines the advantages and disadvantages of pretrial courts: is a intermatiate procedure of the kind described an essential guarantee for the accused and for an efficient procedure, or is it, on the contrary, a time-consuming process that only prolonges the proceeding without improving the quality of the trial?

Researcher(s)

Research team(s)

Funding

  • FWO
  • BOF

Project type(s)

  • Research Project

Non bis in idem in national and international criminal law: does the global village protect the individual against multiple prosecutions for the same crime? 01/10/2002 - 30/09/2004

Abstract

States do not normally recognize criminal judgements rendered in other states. As a result, the same offender may be prosecuted multiple times for the same conduct. This study analyses the problem from two perspectives: the (lack of) efficency from the state's perspective, and the deficit in human rights protection.

Researcher(s)

Research team(s)

Funding

  • FWO

Project type(s)

  • Research Project

Preliminary courts as a judicial link between pretrial criminal investigations and the trial on the merits : is there a need for a judicial control of the decision to prosecute before a case can reach the trial court. 01/10/2001 - 30/09/2002

Abstract

Preliminary courts are used to verify whether there is a prima facie case against the defendant and also, in some states, to exclude illegally obtained evidence. This research project examines the advantages and disadvantages of pretrial courts: is a intermatiate procedure of the kind described an essential guarantee for the accused and for an efficient procedure, or is it, on the contrary, a time-consuming process that only prolonges the proceeding without improving the quality of the trial?

Researcher(s)

Funding

  • BOF

Project type(s)

  • Research Project

The enlargement the European Union and the penal protection against EU-fraud and corruption in the candidate mernber states. 01/01/2001 - 31/12/2004

Abstract

The enlargement of the European Union, which was decided during the European summit in Helsinki (1999), confronts the Union with the challenge of protecting its financial interests against fraud and corruption in the new candidate rnember states. This study analyses the legislation of the candidate member states with the purpose of answering two questions: are national legislations equipped to prosecute and punish fraud offences dornestically, and are they capable of ensuring international cooperation with other states in the fight against such offences?

Researcher(s)

Research team(s)

Funding

  • BOF

Project type(s)

  • Research Project

Non bis in idem in national and international criminal law: does the global village protect the individual against multiple prosecutions for the same crime? 01/10/2000 - 30/09/2002

Abstract

States do not normally recognize criminal judgements rendered in other states. As a result, the same offender may be prosecuted multiple times for the same conduct. This study analyses the problem from two perspectives: the (lack of) efficency from the state's perspective, and the deficit in human rights protection.

Researcher(s)

Funding

  • FWO

Project type(s)

  • Research Project

Drafting of a coherent and transparant legislation on international co-operation in criminal matters in Belgium 01/02/2000 - 30/11/2001

Abstract

To date, Belgium has no coherent and transparent legislation on international co-operation in criminal matters, which is quite annoying in view of the fact that Belgium will be presiding the EU Council in the second semester of 2001. The project aims at drafting legislation in the fields of extradition, judicial assistance, transfer of criminal proceedings and execution of foreign penal judgements.

Researcher(s)

Funding

  • FED. MIN.

Project type(s)

  • Research Project

The Fight against Organised Crime in Belgian Criminal Law: the thin Borderline between the Search for Truth and Human Rights. 01/10/1999 - 30/09/2001

Abstract

Organized crime has led to initiatives, all over the globe, directed at a more effective repression. New investigation methode such as the use of informants and undercover agents and more and more sophisticated techno-logical equipment is being used. The study focuses on the question to what extent these methode and techniques are compatible with fundamental human rights.

Researcher(s)

Funding

  • FWO

Project type(s)

  • Research Project

Public prosecution and the internationalisation of the criminal law: the role of international public prosecution services in the suppression of international crimes 01/10/1999 - 30/09/2001

Abstract

¶¶Òõ¶ÌÊÓƵ of the new phenomenon of an "international public prosecutor" in international criminal courts (Arusha, The Hague) and in the proposed introduction of a European public prosecutor for the EU.

Researcher(s)

Funding

  • BOF

Project type(s)

  • Research Project

The conflict between the adversarial and inquisi-torial models in the International and supranati-onal cooperation in criminal matters. 01/01/1999 - 31/12/2000

Abstract

¶¶Òõ¶ÌÊÓƵ of the problems arising from the application of inter-state cooperation models (extradition, judicia! assistance, etc), which were designed for horizontal legal relations, to cooperation models involving states and International Criminal tribunals (such as the Hague and the Arusha Tribunals), which are based on a vertical legal relationship.

Researcher(s)

Funding

  • FWO

Project type(s)

  • Research Project

Reforming extradition law after the restructuration of the police and the judiciary following the Octopus-laws 01/01/1999 - 15/09/1999

Abstract

The project aims at drafting concrete proposals for reform of the Belgian extradition statute of 1874, in order to adapt extradition laws to modern extradition instruments drafted within the Council of Europe, the European Union and the United Nation. The proposals need to be adapted to recent reforms in the field of police organisation and the judiciary, that were adopted following the Octopus agreements of 1998.

Researcher(s)

Funding

  • FED. MIN.

Project type(s)

  • Research Project

The discretion of the judge to determine the conse-quences of procedural irregularities in criminal cases. 01/10/1998 - 30/04/2001

Abstract

¶¶Òõ¶ÌÊÓƵ of the extent of the exclusionary rule and of the criteria that can be taken into account to mitigate and correct procedural irregularities. Does an efficient and fair administration of justice require a judicial control in concreto of the regularity of procedural acts.

Researcher(s)

Funding

  • FWO

Project type(s)

  • Research Project

The corpus juris De Angelis as a possible solution to the problems relating to the supression of fraud in the European Union: how to implement the corpus in the Belgian legal system? 01/04/1998 - 30/11/1999

Abstract

¶¶Òõ¶ÌÊÓƵ of the rules of statutory and consitutional law that would be obstacles in the way to the implementation of the corpus juris in the Belgian constitutional order, and proposals for legislative change to make implementation possible.

Researcher(s)

Funding

  • INTERNAT.

Project type(s)

  • Research Project

The Fight against Organised Crime in Belgian Criminal Law: the thin Borderline between the Search for Truth and Human Rights. 01/10/1997 - 30/09/1999

Abstract

Organized crime has led to initiatives, all over the globe, directed at a more effective repression. New investigation methode such as the use of informants and undercover agents and more and more sophisticated techno-logical equipment is being used. The study focuses on the question to what extent these methode and techniques are compatible with fundamental human rights.

Researcher(s)

Funding

  • FWO

Project type(s)

  • Research Project

¶¶Òõ¶ÌÊÓƵ of the jurisdictional rules that allow the Belgian courts to judge crimes that were committed abroad. 15/09/1997 - 14/09/1998

Abstract

¶¶Òõ¶ÌÊÓƵ of the new rules on extraterritorial jurisdiction, including jurisdiction vis a vis sexual offences committed abroad.

Researcher(s)

Funding

  • FED. MIN.

Project type(s)

  • Research Project

The conflict between the adversarial and inquisitorial models in international and supranational cooperation in criminal matters: a proposed formulation of general principles for the proper conduct of criminal proceedings to bridge the two. 01/01/1997 - 31/12/1998

Abstract

The project aims at identifying a series of general principles that could serve to bridge the conflicts that arise between states with an adversarial system and states with an inquisitorial system when it comes to cooperation in criminal matters (horizontal model) or the conduct of criminal proceedings before an international criminal court (vertical model).

Researcher(s)

Funding

  • FWO

Project type(s)

  • Research Project

The corpus juris De Angelis as a possible solution to the problems relating to the supression of fraud in the European Union: how to implement the corpus in the Belgian legal system? 01/01/1997 - 31/12/1997

Abstract

¶¶Òõ¶ÌÊÓƵ of the rules of statutory and consitutional law that would be obstacles in the way to the implementation of the corpus juris in the Belgian constitutional order, and proposals for legislative change to make implementation possible.

Researcher(s)

Funding

  • FED. INST.

Project type(s)

  • Research Project

Education in international criminal law. The Flemish input in education in international criminal law in South Africa. 01/01/1997 - 31/12/1997

Abstract

Organisation of trainings in international criminal law for South African students, academics and practitioners by organising training seminars in international criminal law at South African Universities, including South -African Students in education programs in international criminal law in Flanders and by training an educational assistent in international criminal law in Belgium.

Researcher(s)

Funding

  • VL.WET.BEL

Project type(s)

  • Research Project

Dutch version of the Corpus Juris for the penal protection of the financial interests of the European Community. 01/01/1997 - 30/06/1997

Abstract

The study consists of a translation into Dutch of the Corpus Juris for the penal protection of the financial interests of the European Community. The original French version of this text was elaborated in 1996 by a group of EU-experts to which the promotor belonged.

Researcher(s)

Funding

  • PRIVE - non profit

Project type(s)

  • Research Project

The Fight against Organised Crime in Belgian Criminal Law: the thin Borderline between the Search for Truth and Human Rights. 01/10/1996 - 30/09/1997

Abstract

Belgian criminal law and procedure are, at first sight, not equipped for the fight against organised crime. The central question in this study project is to what extent proposals to put more teeth in the criminal justice system in order to fight organised crime, are compatible with fundarnental rights in general (the rights of all citizens, including innocent third parties) and with the right of defendants in criminal proceedings in particular.

Researcher(s)

Funding

  • BOF

Project type(s)

  • Research Project

The "judicial investigation" by an investigating judge in continental criminal justice systems: must the model be retained ? 01/10/1996 - 31/12/1996

Abstract

The investigating judge, a typical protagonist of the continental criminal justice systems, is becoming more and more controversial. The study focuses on the pros and cons of this institution and formulates recommendations.

Researcher(s)

Funding

  • BOF

Project type(s)

  • Research Project

Belgian extradition practice. 15/09/1996 - 14/09/1997

Abstract

¶¶Òõ¶ÌÊÓƵ of Belgian extradition practice starting from an analysis of the extradition dossiers at the Belgian Ministry of Justice. All dossiers starting from 1980 will be put into a databank.

Researcher(s)

Funding

  • FED. MIN.

Project type(s)

  • Research Project

The international dimension of the criminal procedure reform in Belgium. 01/01/1996 - 31/12/1997

Abstract

The study focuses on the international aspects of the reform of criminal procedure in Belgium. It examines the reforms that are needed in such fields as extradition, mutual assistance transfer of criminal proceedings and transfer of execution of penal sentences.

Researcher(s)

Funding

  • BOF

Project type(s)

  • Research Project

The supranational dimension of criminal procedure reform in Belgium, in particular relating to the surrender of suspects to international criminal tribunals. 01/01/1996 - 31/12/1996

Abstract

¶¶Òõ¶ÌÊÓƵ of the problems arising form the application of inter-state cooperation models (extradition, judicial assistance, etc), which were designed for horizontal legal relations, to cooperation models involving states and international criminal tribunals (such as the Hague and the Arusha Tribunals), which are based on a vertical legal relationship.

Researcher(s)

Funding

  • FED. INST.

Project type(s)

  • Research Project

An inquiry into the possibilities of a European Legal Area for the preservation of the financial interests of the European Community. 01/01/1996 - 30/06/1996

Abstract

The study aims at examining the current obstacles to the realisation of a European legal area in the field of the criminal law, particularly regarding financial crimes. If focuses on the traditional barriers to international cooperation (including the exception for fiscal offences, the double criminality rule) and the means to reduce these obstacles.

Researcher(s)

Funding

  • EU-NT. KAD

Project type(s)

  • Research Project

Reconciliation and human rights. 01/10/1995 - 30/09/1996

Abstract

¶¶Òõ¶ÌÊÓƵ of possible solutions to assure the transition of authoritarian regimes to more democratically-oriented state systems. Question whether punishment of persons, guilty of serious crimes under the previous regime is the most appropriate mechanism. Desirability of international repressive machineries (eg international criminal court), and of non-punitive alternatives (such as amnesty).

Researcher(s)

Funding

  • VL. MIN.

Project type(s)

  • Research Project

The consequences of the internationalisation of crime. 01/04/1995 - 31/12/1995

Abstract

The study focuses on one particular aspect of internationalisation of crime, namely suppression of war crimes and genocide by means of international tribunals such as the Hague Tribunal for crimes, committed in the former Yugoslavia, and the Arusha tribunal for crimes, committed in Rwanda.

Researcher(s)

Funding

  • BOF

Project type(s)

  • Research Project

The international dimension of the reform of criminal procedure in Belgium, particularly in respect of extradition. 01/01/1995 - 31/12/1995

Abstract

¶¶Òõ¶ÌÊÓƵ of the legal consequences, in the field of the criminal procedure, particularly in respect of extradition law, of the unification process in Europe. Analysis of Belgian legislation and case-law, status quaestionis of the case law of the European Court of Human rights and study of the changes that will necessarily flow from the Schengen agreement and from recent initiatives of the Justice Council of the European Union.

Researcher(s)

Funding

  • FED. INST.

Project type(s)

  • Research Project

The investigation of crime during the pre-trial stage: must the role of the investigating judge be reinforced or should the public prosecutor become the dominus litis of crimical investigation ? 01/10/1994 - 30/09/1996

Abstract

Building upon the conclusions of the Parliamentary Investigation Commission on Banditism and Terrorism, the question is examined whether the function of the investigation judge in the criminal procedure should be maintained or whether he should become a judge of the investigation, following the German and Italian model.

Researcher(s)

Funding

  • FWO

Project type(s)

  • Research Project

A descriptive study of the organisation and operation of the criminal justice system with respect of road traffic offences. 01/11/1993 - 31/10/1995

Abstract

The project focuses on the practical operation of the criminal justice system with respect to road traffic offences. Empirical data are collected concerning the investigation of such offences by the police (police records), the prosecution by the public prosecutor and the decisions of the courts if prosecutions are brought (guilt finding and sentencing).

Researcher(s)

Funding

  • PRIVE - non profit

Project type(s)

  • Research Project

Criminal procedure in Belgium. 15/09/1993 - 14/09/1996

Abstract

The study project adresses 2 specific problems in criminal procedure in Belgium, i.e. the problem of statuses of limitation and the problem of the effect of procedural irregularities (nullities, exclusionary rule).

Researcher(s)

Funding

  • FED. MIN.

Project type(s)

  • Research Project

Reform of criminal procedure in Belgium : reform proposals with respect to the pretrial investigation. 01/01/1993 - 31/12/1993

Abstract

The study project accompanies the proceedings of the Commission for the reform of Criminal Procedure, whose mandate is to formulate concrete reform proposals regarding pretrial investigations.

Researcher(s)

Funding

  • BOF

Project type(s)

  • Research Project

The investigation of crime during the pre-trial stage: must the role of the investigating judge be reinforced or should the public prosecutor become the dominus litis of crimical investigation ? 01/10/1992 - 30/09/1994

Abstract

Building upon the conclusions of the Parliamentary Investigation Commission on Banditism and Terrorism, the question is examined whether the function of the investigation judge in the criminal procedure should be maintained or whether he should become a judge of the investigation, following the German and Italian model.

Researcher(s)

Funding

  • FWO

Project type(s)

  • Research Project

Criminal procedure in Belgium. 15/09/1992 - 14/09/1993

Abstract

The study project adresses 2 specific problems in criminal procedure in Belgium, i.e. the problem of statuses of limitation, and the problem of the effect of procedural irregularities (nullities, exclusionary rule).

Researcher(s)

Funding

  • FED. MIN.

Project type(s)

  • Research Project

The relation between the public prosecutor and the police. 15/09/1991 - 14/09/1992

Abstract

In the framework of the reform of criminal procedure in Belgium, the relation between the police and the public prosecutor is examined, particularly the question of the control over the police and the direction of the activities of the police by the public prosecutor.

Researcher(s)

Funding

  • FED. MIN.

Project type(s)

  • Research Project