Recovery of illicit assets: legal analysis of International and national legislation applicable to Mexico

The present article addresses one of the most emerging issues in criminal justice: recovery of ilicit assets. Impunity, the absence of criminal consequences for certain high-ranking sectors of our society and, therefore, the scarcity of condemnatory sentences, as well as the infrequency of achieveme...

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Bibliographic Details
Authors: Guillén López, Germán, Encinas Islas, Manuel Alejandro
Format: article
Status:Published version
Publication Date:2018
Country:México
Institution:UNIVERSIDAD DE SONORA
Repository:Biolex
Language:Spanish
OAI Identifier:oai:oai.biolex.unison.mx:article/11
Online Access:https://biolex.unison.mx/index.php/biolex_unison_mx/article/view/11
Access Level:Open access
Keyword:illicit assets; recovery; confiscation; abandonment; extinction; domain; corruption
activos; ilícitos; recuperación; decomiso: abandono; extinción; dominio; corrupción
Derecho Internacional
Description
Summary:The present article addresses one of the most emerging issues in criminal justice: recovery of ilicit assets. Impunity, the absence of criminal consequences for certain high-ranking sectors of our society and, therefore, the scarcity of condemnatory sentences, as well as the infrequency of achievements in this area provide an appropriate space for analyzing the legal platform in which, in our country, legal practitioners operate with regard to the recovery of illicit assets. Firstly, a brief introduction is given to preliminary elements for which background information is required. Subsequently, a revision is made to the main guidelines of the binding international conventions governing the matter. Afterwards, a study is made of provisions and figures that the national legal framework contemplates for the criminal treatment of these cases. Prior to the finalization of the paper an approximation is made regarding the application of these mechanisms in the scenery of the fight against corruption. Finally, a section of conclusions generated during the preparation of this publication are presented.