Delitos económicos y sistema penalnueva estrategia en materia de recuperación de activos y decomiso

Abstract

Within the rule of law and by constitutional mandate the protection of citizen”s rights and legal interests provided by judicial bodies should not be only limited to pass rulings, but also to enforce them. It is already extremely difficult to investigate financial crimes that generate major sums of hidden profits, as well as to prove the civil and criminal liability of all involved. In this context, the judicial system is punished by society and media and perceived as ineffective, if convictions are not enforced and financial crime proceeds, property and assets are not seized. In order to fight against such situations, countries have established an asset-recovery system by means of the penalty of confiscation. Through this the public authority complements the punishment of financial crimes by reclaiming criminal”s ill-gotten spoils. For this purpose, international police and judicial cooperation is essential