La extinción de dominio en el marco de los estándares e instrumentos internacionales
Programa GFP Subnacional – Basel Institute on Governance
Non-conviction based asset forfeiture has become a key tool for recovering illicit assets and supporting contemporary criminal policy against organised crime, corruption and transnational financial crime. Across seven chapters, this publication (in Spanish) connects international standards with Peruvian practice.
It explores the foundations of non-conviction based asset forfeiture from various angles:
- Non-conviction based forfeiture in the Vienna, Palermo and Mérida Conventions
- The alignment of Peru’s non-conviction based forfeiture model – Extinción de dominio – with the United Nations Office on Drugs and Crime (UNODC) Model Law
- Its compatibility with the Recommendations of the Financial Action Task Force (FATF), specifically Recommendation 4 on confiscation and provisional measures
- The operational challenges of managing seized assets to preserve their value in light of FATF Recommendation 4
- Non-conviction based asset forfeiture as a preventive mechanism, with lessons from Italian preventive confiscation
- A comparative analysis of U.S. civil forfeiture and Peru’s Extinción de dominio
- Peru’s Extinción de dominio and constitutional property rights, with insights from the regional Latin American experience
Grounded in domestic practice and addressing the effects of recent legislative amendments, the publication offers judges, prosecutors, legislators and scholars a timely guide to applying, interpreting and strengthening asset forfeiture in line with international commitments.
This is the third issue in a series of publications on the use of Peru’s Extinción de dominio legislation. It is a collaborative effort of asset recovery experts of the Basel Institute on Governance under the Programa GFP Subnacional (Subnational Public Finance Management programme in Peru), funded by the Swiss SECO Cooperation.
- Foreword by Sergio Jiménez Niño, Thematic Coordinator of the Asset Recovery Component, Programa GFP Subnacional
- Preface by Oscar Solórzano, Head, Latin America ICAR