Models of confiscation without conviction and asset forfeiture in Latin American comparative law. Origin, trends, and transformations by Constitutional Justice

  • Emilio J. Urbina Mendoza Universidad Católica Andrés Bello
DOI: https://doi.org/10.18543/ed.2934
Keywords: Asset forfeiture, Confiscation without conviction, Model Law, Constitutional Courts, Trends

Abstract

Asset forfeiture, as a Latin American variant of the global institution -especially in Europe- known as confiscation without conviction, is a mechanism that is gradually incorporated into global legal systems. Beyond its supranational normative concretion both in the United Nations Convention against Corruption (UNCAC 2003) and the UNODC Asset Forfeiture Model Law (2011), its introduction in Latin American States comes from policies against economic crime of multilateral organizations such as the FATF and the European Union. However, the definitive concretion has been by the Constitutional Courts or Chambers of Latin America, in which true domain extinction models have been created (dominant, denialist and challenging versions).

Downloads

Download data is not yet available.

Author Biography

Emilio J. Urbina Mendoza, Universidad Católica Andrés Bello

Profesor Doctor en la Universidad Católica Andrés Bello

Published
2023-12-22
How to Cite
Urbina Mendoza, Emilio J. 2023. “Models of Confiscation Without Conviction and Asset Forfeiture in Latin American Comparative Law. Origin, Trends, and Transformations by Constitutional Justice”. Estudios De Deusto 71 (2), 259-99. https://doi.org/10.18543/ed.2934.
Issue
Vol. 71 No. 2 (2023)
Section
Studies

Last update: 08/02/2022

The authors, by submitting their manuscripts to the Estudios Deusto. Revista de Derecho Público, accept the conditions listed below on copyright and undertake to comply with them.

  1. Authorship: The author must be the sole creator of the work or legally acting on behalf of and with the full agreement of all the authors.
  2. Copyright, liability and Ethical Guidelines:
    1. Authors warrant that their manuscript is original; has not been previously copyrighted or published in any form; is not under consideration for publication elsewhere; its submission and publication do not violate the Ethical Guidelines of Estudios Deusto. Revista de Derecho Público and any codes (of conduct), laws or any rights of any third party; and no publication payment by the Publisher (University of Deusto) is required.
    2. Authors grant to the Publisher the worldwide, sub-licensable, and royalty-free right to exploit the manuscript in all forms and media of expression, now known or developed in the future, for educational and scholarly purposes.
    3. Authors retain the right to present, display, distribute, develop, and republish their manuscript to progress their scientific career provided the original publication source (Estudios Deusto. Revista de Derecho Público) is properly acknowledged and in a way that does not suggest the Publisher endorses them or their use of the work.
    4. Authors warrant that no permissions or licences of any kind have been granted or will be granted that might infringe the rights granted to the Publisher.
    5. Authors are solely liable for the consequences that may arise from third parties’ complaints about the submitted manuscript and its publication in Estudios de Deusto. Revista de Derecho Público.
  3. Users: Estudios de Deusto. Revista de Derecho Público is an Open Access publication. Its content is free for full and immediate access, reading, search, download, distribution and reuse in any medium or format only for non-commercial purposes and in compliance with any applicable copyright legislation, without prior permission from the Publisher or the author(s). In any case, proper acknowledgement of the original publication source must be made and any changes to the original work must be indicated clearly and in a manner that does not suggest the author’s and or Publisher’s endorsement whatsoever. Any other use of its content in any medium or format, now known or developed in the future, requires prior written permission of the copyright holder.