La extinción de dominio como herramienta para la recuperación de activos en américa latina y el proyecto de ley orgánica en ecuador

Abstract

One of the main criminal political strategies in the fight against corruption and organized crime in the past years is assets recovery, promoted internationally by the United Nations Organization. Its purpose is to discourage crime with greed for profit preventing the authors and their relatives and close associates from enjoying procedes of crime, and its subsequent investment in illegal activities; but also assets recovery or asset recovery policies seek to restore the lawful patrimonial system. First, we will outline some of its main features, focusing on the way to promote recovery policies, then we will address its development in Latin America, especially in the case of confiscation without conviction and extinction of domain (highlighting the role of the Model Law on Extinction of Domain prepared by the United Nations Office on Drugs and Crime). Finally, we will briefly analyze the Draft Organic Law on Extinction of Domain proposed by the Attorney General of the State in December 2017.