Published in January 2019.

 

 
  This module is a resource for lecturers  

 

Student assessment

 

This section provides suggestions for post-class assignments for the purpose of assessing student understanding of the Module. Suggestions for pre-class or in-class assignments are provided in the Exercises section.

Assessment 1

Students should be informed that in the next class they are to undergo the proposed written assessment that follows, for approximately 30 minutes.

1. The Protocol against the Smuggling of Migrants is the single main international legal instrument in the prevention and suppression of migrant smuggling.

’True / False

Explain your answer

 

2. The international legal framework on the fight against migrant smuggling merely requires States to criminalize smuggling of migrants pursued in the context of an organized criminal group.

’True / False

Explain your answer

 

3. 'Organized criminal group' means a group of three or more persons, with either loose or stable bonds among them, acting together to sporadically or regularly commit serious crimes for the purpose of obtaining, directly or indirectly, a financial or other material benefit.

’True / False

Explain your answer

 

4. States' obligation to criminalize certain conduct under the Protocol against the Smuggling of Migrants refers to (i) migrant smuggling, (ii) enabling illegal stay, (iii) fraudulent documents offences aimed at facilitating illegal entry.

’True / False

Explain your answer

 

5. An official document issued by the competent State authorities to the person intended to use it and effectively used by that person may never be considered a fraudulent document.

’True / False

Explain your answer

 

6. The 'financial or other material benefit' element includes indirect material benefits (such as those deriving from free or cheap labour force) but it does not comprise non-financial services, e.g. sexual favours.

’True / False

Explain your answer

 

7. Smuggling of migrants is per se a crime against persons (specifically, the smuggled migrants).

’True / False

Explain your answer

 

8. Migrant smuggling by sea is popular among organized criminal groups because it entails the highest possibilities of evading justice. This is very much caused by the fact that no country may exercise jurisdiction on the high seas.

’True / False

Explain your answer

 

9. The purpose of obtaining a financial or other material benefit and the humanitarian exemption are concepts that mutually exclude each other. Accordingly, where national law provides for the 'financial or other material benefit' as a constituent element of the crime, there is no need for a specific provision establishing the humanitarian exemption.

’True / False

Explain your answer

 

10. The smuggling of migrants includes the conduct of (i) those that alone arrange for their own illegal entry or stay in another country, and (ii) smuggled migrants themselves for having consented to, and paid for, the smuggling operation thus having acted as accomplices of smugglers.

’True / False

Explain your answer

 

Assessment 2

The lecturer may assign homework to be submitted during the next class. To this effect, students could be requested to:

  • Research a national court case on SOM-related offences and analyse it bearing in mind the different topics addressed in Module 1.
  • Express their respective views on whether 'financial or other material benefit' should indeed be a constituent element of smuggling offences or if instead this would cause unnecessary challenges to investigations and prosecutions.
  • Research a media article or film concerning the operations of Organized Criminal Groups (specific case or otherwise) in the context of smuggling of migrants and explain the modus operandi followed, resources employed and profits gathered.

It is suggested that homework essays do not exceed 1000 words.

 
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