Instructions: For multiple-choice questions, circle the appropriate letter (e.g., "a", "b", "c", etc.). For true-false questions, circle "True" or "False".
"Agreeing with one or more other persons to commit a serious crime for a purpose relating directly or indirectly to the obtaining of a financial or other material benefit and, where required by domestic law, involving an act undertaken by one of the participants in furtherance of the agreement or involving an organized criminal group" is akin to the _______.
a) Common law model
b) Civil law model
c) Islamic law model
d) Socialist law model
e) None of the above
Common law countries have predominantly used the offence of involvement in criminal association, while civil law jurisdictions have traditionally opted for offences of conspiracy.
One purpose of the conspiracy model is to extend liability "backwards" by criminalizing the planning (or agreement) stage of a criminal offence. Conspiracy can create criminal liability even no actual harm has been done, provided that the harm that would have occurred is one the law tries to prevent. The conspiracy offence thus attaches liability to agreements to commit crime.
The Organized Crime Convention favours the conspiracy model of criminalizing participation in an organized criminal group and recommends States parties to follow this specific model.
The elements of offence of criminal association require that the accused had intention to take part in the criminal group or its activities with knowledge of at least the group's general aims.
An element of the criminal offence of racketeering is ______________. (fill in the blank)
a) An agreement by two or more people to commit a criminal act
b) Evidence of a single criminal act by the conspiracy
c) Unlawful activity involving an enterprise
d) All of the above
The Organized Crime Convention has been broadly criticized for omitting to extend criminal liability to persons who provide advice or assistance in the commission of serious crimes.
Obstruction of justice relates to conduct intended to pervert the course of justice by use of espionage.
Commission of the offence of ___________ means deliberately making a statement contrary to the truth or withholding the truth under oath. (fill in the blank)
a) Criminal conspiracy
d) All of the above
Which of the following refers to the "guilty mind" requirement of a criminal act?
a) Actus reus
b) Strict liability
d) Mens rea
[Answer key: 1. a; 2. false; 3. true; 4. false; 5. true; 6. a; 7. false; 8. false; 9. c.; 10. d]