FOR3704/201/2/2024

Tutorial Letter 201/2/2024

Investigation of Selected Crimes and

Transgressions: Module B
FOR3704

Semester 2

Department of Police Practice

This tutorial letter contains important information

about the module.

BARCODE
 CONTENTS
Page

1 INTRODUCTION ...................................................................................................... 3

2 EXAMINATION ......................................................................................................... 3

2.1 Semester mark and examination mark ...................................................................... 3

2.2 Examination preparation ........................................................................................... 3

2.3 Examination guidelines ............................................................................................. 3

2.4 Examination information............................................................................................ 4

3 SUGGESTED SOLUTIONS TO THE ASSIGNMENT QUESTIONS .......................... 5

3.1 General comments .................................................................................................... 5

3.2 Assignment 01 .......................................................................................................... 5

3.3 Assignment 02 .......................................................................................................... 9

4 IN CLOSING ........................................................................................................... 10

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Dear Student

1 INTRODUCTION

Thank you for submitting Assignments 01 and 02. Completing these assignments requires
effort, but they play a vital role in teaching and enhancing your understanding of the module
content and preparing you for the upcoming assessment. We trust that the knowledge you
have gained will prove valuable in your professional endeavours beyond this module.

This tutorial letter contains suggested solutions to the assignment activities and information on
the examination, especially Assignment 01. Bear in mind that you had to apply the theory
that you learnt to your work situation by discussing it, exchanging ideas, providing examples
and applying your knowledge and insight. Practical research w a s also important, and you
needed to use other sources.

2 EXAMINATION
2.1 Semester mark and examination mark
The ratio of the semester mark to the examination mark is 20:80. This means that your
semester mark will count 20% towards your final mark and your examination mark will count
80%. Your examination mark must be at least 50% for you to pass this module.

2.2 Examination preparation

You will write a take-home examination. The examination paper will consist of questions that
count for 100 marks. The questions will be based on brief case scenarios, and you must
answer the questions from your perspective as the investigator in the respective cases. You
must link your discussion to a brief scenario in some of the longer questions (counting 10
marks). You should study all the learning units, and chapters 1, 2, 5, 6, 7, 8, 9, and 11 of
the prescribed book, and all official study material in preparation for the examination.

2.3 Examination guidelines

We encourage you to s t u d y a l l t h e l e a r n i n g u n i t s a n d t o revise the assignment
activities thoroughly, t o answer all the questions for examination preparation, and to work
through the interactive workbooks in the learning units. The type of questions that you will be
asked in the examination will require you to discuss and explain information based on a
brief scenario. If you are required to discuss or explain something, you must give your
answer in paragraph format.

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Read through the whole examination paper before you start answering the questions and
ensure that you adhere to the guidelines provided in the examination paper. Please read the
case scenario and the questions related to it carefully and make sure that you do exactly what
you are asked to do in each question.

2.4 Examination information

The examination will be in the form of an open-book Take-home examination. The duration of
the examination is FOUR HOURS. While the examination is in progress, you are not allowed to
consult another person to assist you in answering any of the questions in the examination, nor
may you assist another student in answering any of the questions.

Your answers should preferably be typed, but neatly handwritten submissions will also be
accepted. The text must be typed in Arial font, size 12, with single-line spacing in the
paragraphs and double-line spacing after each paragraph. You must use South African English,
not American English, for example, the correct spelling is “labour”, not “labor”. Do not use
abbreviations or SMS language.

When you answer the questions, keep in mind that a open-book examination is a test at a
higher level than the usual type of examination, in that memory is tested as much as insight.
You do not need to memorise any information for a open-book examination. You are expected
to prove that you can use and apply information and not merely repeat it. In brief, what is tested
is factual knowledge, understanding, and the correct application of knowledge, not memory
skills. For this reason, you will not earn marks by listing all the information that you think might
be relevant to a specific question since that type of answer will not give any indication that you
know what statutory or other provisions apply to a specific context. You are expected to identify
the exact information that applies and then explain why you think so. You will be assessed on
your level of understanding of the relevant investigative and legal principles, as well as how well
you apply the principles to the questions. You are not allowed to use computer-generated
answers such as answers produced by artificial intelligence (AI) (ChatGPT), or to “cut
and paste” answers from the study material/guide (or any other source).

Your arguments must be logical, well-structured, and substantiated by all the relevant
investigation principles you have learned since the beginning of this qualification. You will have

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FOUR HOURS on 24 October 2024 to complete the examination, use this time wisely.

We wish you well in your examination preparation.

3 SUGGESTED SOLUTIONS TO THE ASSIGNMENT QUESTIONS

3.1 General comments
There were two compulsory assignments(assessments), and you had to submit both to be
granted admission to the examination. Enquiries regarding admission to exams can be
directed to [email protected].
When completing an assignment, you should pay careful attention to the questions since they
will always give you an indication of the headings and t h e subheadings you should use in
your answers. You must use your own words with key concepts and principles mentioned to
answer the questions.

Be aware that responses to Assignment 01 provided might show slight variations. What's
paramount is the precise use of terminology in addressing the inquiries.

3.2 Assignment 01
Assignment 01 contained questions randomly drawn from all the prescribed study materials.
You were required to answer all the questions. Model answers for Assignment 01 are set out
below.

Question 1
Discuss what organised crime means as per the draft United Nations Framework Convention
against Organized Crime of 1975 and subsequent protocols. [5]
Answer:
Organised crime means group activities involving three or more persons, with hierarchical links
or personal relationships which enabled their leaders to earn profits or to control territories or
markets, internal or foreign, through violence, intimidation or corruption, both in furthering
criminal activity and in infiltrating legitimate economy, in particular through;
• the illicit trafficking of narcotic drugs or psychotropic substances, as defined by the
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances of 1988,
• money laundering
• trafficking in persons, as defined by the Convention for the Suppression of the Traffic in
Persons and of the Exploitation of the Prostitution of Others of 2 December 1949
• counterfeiting currency, as defined by the International Convention for the Suppression of
Counterfeiting Currency of 20 April 1929

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Question 2
Criminal and forensic investigations share common features. Outline the common features in
both investigation types. [10]
Answer:
• Collecting and analysing information and evidence – this is commonly done by the
investigators and forms the basis for every investigation. Investigators have to establish
what happened and who is responsible. Information and evidence collected are noted or
recorded in the file for reporting.
• Interviewing and interrogation – to collect information and evidence, interaction and
communication had to be established. The ability to interview and obtain information from
witnesses, victims, and suspects requires skills. The information and evidence must be
recorded in the statements.
• Surveillance – this technique is very important during the investigations. Surveillance is a
specialised skill that often determines the success or failure of investigations.
• Electronic interception and monitoring – this is a monitoring of communications of private
telephone conversations against a person of interest. Information obtained through this
technique is valuable as the person of interest or suspect is not aware that he or she is
being monitored. This technique requires a court order from a judge. Evidence and
information obtained in this manner is admissible in a court of law.
• Undercover operations – undercover investigations are commonly exclusive to the police.
This type of technique is conducted secretly to obtain evidence and information against the
target person. Evidence obtained through this type of investigation can be presented in
court. Informants are also used to obtain information and evidence through infiltration.
• Undercover agents and informers - undercover agents refer to police officers who assume a
made-up identity and infiltrate into a crime group to obtain information and evidence for court
purposes. Informers are peasants who provide information to the police about the illegal
activities of a person or a group.
• Asset-related investigations - this type of technique is aimed at recovering the monetary
value people accumulated through their criminal activities. This type of investigation stems
from the Prevention of Organized Crime Act.

Question 3
List the objectives of an investigation [4]
Answer:
• A systematic, organised search for the truth
• Detecting crime
• Identifying the crime

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• Locating and identifying the suspects

• Locating, recording, and processing evidence while observing all constitutional
considerations
• Gathering objective and subjective evidence about an alleged crime or incident
• Discovering certain facts, or ascertaining the existence of such facts
• Arresting the perpetrator while observing all constitutional considerations
• Recovering stolen property
• Preparing for trial, which would include the completion of accurate documentation
• Getting the accused convicted by testifying and assisting in the presentation of legally
obtained evidence and documents
• Individualisation of the crime
• Evaluation of and involvement in the prosecution process

Question 4
Describe the purpose of an investigation [6]
Answer:
The primary purpose of investigation/enquiry is to establish what happened. Investigators need
to prove the crime/incident using evidence or supporting information. The investigation or
enquiry must be scientific to determine how the evidence can be used against the perpetrator.
Different techniques are used to collect evidence for court purposes. Tracing suspects through
scientific techniques and approaches is also important

Question 5
You have established that Company Y is involved in racketeering activities, during which
fraudulent offshore accounts are being used to channel money derived from the perpetration of
fraudulent business activities.

Discuss how you would provide proof of the offence of racketeering. [15]
Answer:
(1) Firstly, you must prove the following three things:
• the existence of an enterprise
• the pattern of racketeering activities
• the relationship between the accused, on the one hand, and the enterprise and the

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• pattern of racketeering activities, on the other

(2) Secondly,
• the existence of a legitimate legal entity can be proved by the company charter.
(3) Thirdly,
• the elements of each offence need to be proved through the evidence produced.
(4) Fourthly,
• to prove the relationship, we must prove knowledge.
(5) Fifthly,
• if an accused is an employee or associate, we must prove that he/she participated in the
activity.
Finally, determine who we are targeting. Remember that we are prosecuting the accused for the
collective activities of the enterprise. After an investigation, you must understand and consider
what the requirements are if you intend to charge an accused person for racketeering. The
following points are guidelines for consideration:

• The accused
• The enterprise:
o separate from the accused
o the vehicle which the syndicate used to commit the crimes
• The offences
o pattern of racketeering activities
o predicate offences (A predicate offence is a crime that is a component of a more
serious criminal offence. For example, generating unlawful funds is the main offence
and money laundering is the predicate offence. Generally, the term “predicate
offence” is used in reference to underlying money laundering and/or the financing of
terrorist activity.)

• The state must establish

o the existence of an enterprise
o a pattern of racketeering activity
o a link between the enterprise and the accused

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Question 6
Define the concept of layering in money laundering. [2]

Answer:

It is an activity that has or is likely to have the effect of concealing or disguising the nature,
source, location, disposition, or movement of the proceeds of unlawful activities (1) or any
interest that anyone has in such proceeds and includes any activity which constitutes an offence
in terms of section 64 of the FICA or section 4, 5 or 6 of the Organised Crime Act (1).

Question 7
Discuss the scientific analysis method in digital forensic science in terms of the four distinct
stages. [8]

Answer:

Gathering information and making observations about the evidence. This phase involves
verifying the integrity and authenticity of the evidence reviewing the evidence performing data
carving and keyword searching. This phase is typically known as a digital forensic examination
forming a hypothesis to explain the observations in the previous stage.

Evaluating the hypothesis - this phase involves testing the hypothesis to determine if it is true
and if it is not to revise the hypothesis and look at further tests.

Concluding and communicating findings

TOTAL: [50]

3.3 Assignment 02

Assignment 02 contained randomly arranged multiple-choice questions (MCQs) drawn from

the prescribed book and the study guide. You were required to answer all the questions in
Assignment 02. The MCQ answers were immediately available upon completion and
submission of the assignment; the answers are not to be repeated in this tutorial letter.

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4 IN CLOSING

We sincerely hope that you have enjoyed this module and wish you every success in the
examination.

Kind regards
Dr LLMotsepe
Lecturer
E-mail: [email protected]

©
UNISA 2024

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