MIDTERM 1 - Reading Notes: United Nations Convention on Transnational Organized Crime

What is the main purpose of the convention (article 1)?

To promote cooperation and preventing and combating, transnational organized crime more effectively.

Define “organized criminal group” (article 2):

A structured group of 3+ persons, existing overtime, acting together to commit serious crimes for financial or material benefit.

Define “serious crime” (article 2).

conduct punishable by at least four years imprisonment or more serious penalty.

Define structured group.

A non-random group for crime, not requiring defined roles, continuity, or formal structure.

What does property include?

Any assets, corporeal/ incorporeal, movable/immovable, tangible/intangible, plus legal documents showing ownership or interest

What are proceeds of crime?

Property obtained directly or indirectly through crime.

What is the difference between freezing/seizure and confiscation?

Freezing/seizure = temporary restriction or custody.

confiscation = permanent deprivation by court order

What is a predicate offense?

An offence that generates proceeds that may be laundered under Article 6.

What is control delivery?

Allow allowing illicit consignments to pass through territories under supervision to investigate and identify offenders.

What is regional economic integration organization?

A body like the EU where states transferred competence, authorized to sign/ratify the convention

What crimes does the convention apply to (article 3)?

Offences under articles 5, 6, 8 and 23 and other serious crimes if transnational and involving organized groups.

What makes an offence transnational?

If it occurs in more than one state, planned/controlled elsewhere, involves a group active in multiple states, or has effects in another state.

What sovereignty principles must be respected (article 4)?

Sovereign equality, territorial integrity, and non-intervention and domestic affairs.

Can a state exercise jurisdiction in another state under this convention?

No jurisdiction remains reserved to the domestic authorities of each state.

What must states criminalized under article 5?

Intentional participation in organized criminal group.

What are the two main forms of criminalization (article 5)?

1. Agreement to commit serious crime for benefit (possibly with overt act).

2. Active participation in groups, criminal activities.

What additional conduct is criminalized under article 5?

Organizing, directing, aiding, a bedding, facilitating, or counselling serious crime in involving an organized group.

How can knowledge/intent be established under article 5?

It may be inferred from objective factual circumstances.

What states do if their laws require group involvement or an overt act for conspiracy offenses?

Ensure coverage of serious crimes and notify the UN secretary general upon ratification.