The National Government has made official the Procedural Regime of the Civil Action for Asset Forfeiture, which enables the recovery of assets linked to complex crimes, such as acts of corruption and drug trafficking.
This is established by the Decree of Necessity and Urgency 62/2019 published in the Official Gazette this Tuesday (22.1.2019).
The approved regime is part of the Justice 2020 Program, promoted by the Ministry of Justice and Human Rights, whose goal is to provide the justice system with new tools that grant the civil system agility, speed and efficiency to respond to society, the regulations say.
In this regard, the Public Prosecutor's Office is "provided with suitable legal instruments to effectively achieve the intervention of the State in order to obtain the extinction of the domain in its favor of money, things, goods, rights or other assets, profit, direct or indirect benefit that has been obtained in an unjustified manner, causing enrichment without a lawful cause," the text details. And it creates the "Procurator's Office for the Extinction of Domain in favor of the National State."
The purpose of the legislation is to separate the criminal conviction from the fate of the assets obtained through the discovered crimes. While the accused faces the criminal process, the assets will be transferred to the civil courts, which will be able to determine more quickly whether they come from illegal activities and, consequently, the State will be able to confiscate them.
The decree, signed by President Mauricio Macri with the consent of the Ministers, comes into force automatically but requires the approval of the chambers.
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