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This article analyses the criminological foundations of confiscation of the proceeds of crime and the international evolution of this figure in recent decades within the framework of the political-criminal strategy aimed at recovering assets from criminal activities. To this end, a qualitative model based on doctrinal analysis and comparative criminal policy has been followed as research methods. The article shows the growing importance of confiscation as a situational prevention tool, focusing on the absorption of criminal assets to discourage the so-called "profit crime." The most recent modality is analyzed, the "confiscation of unexplained assets linked to criminal behavior," introduced by Directive (EU) 2024/1260, as a resource to improve the effectiveness of asset recovery. [ABSTRACT FROM AUTHOR]

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The case of the private media confiscated in Ecuador at the beginning of Rafael Correa's presidency (2007-2017) led to complex economic, legal, and professional circumstances for the media companies and their journalists. This paper aims to share a broad and documented perspective on the origin and development of the issue at hand by combining three methods for its approach: the historical method, analysis of media policies and in-depth interviews. Implementing regulatory procedures to devise structures for adjustment and censorship towards private media promoted a media reshaping that resulted on the stockpiling of important nationwide media companies (TV, radio, and magazines) into the state-owned entities umbrella. These confiscations took place at a sensitive time for the banking system that owned several of these media, which had been affected by a severe economic, social, and political crisis. The legal actions filed by owners of the confiscated media have rendered it impossible to sell the companies. Furthermore, the precarious financial status turned them into undesirable targets for possible buyers. Out of the seventeen privates media companies owned by the government in 2008, only two are still active in 2023. The other fifteen companies went bankrupt or are currently undergoing liquidation. This measure, while advantageous for the political power, represented an economic and journalistic failure. [ABSTRACT FROM AUTHOR]

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Copyright of Estudios Penales y Criminológicos is the property of Universidad de Santiago de Compostela, Servicio de Publicaciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Copyright of Revista Electrónica de Estudios Penales y de la Seguridad is the property of Revista Electronica de Estudios Penales y de la Seguridad and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Copyright of Estudios Penales y Criminológicos is the property of Universidad de Santiago de Compostela, Servicio de Publicaciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the context of a criminal policy aimed at recovering assets of criminal origin, the Organic Law 1/2015, of 30 March, carries out a profound reform of the legal framework of confiscation, which also affects the assets transferred or acquired by third parties. It is not simply 'best techniques' as claimed in the preamble to the mentioned Law, but rather a considerably different regulation, with a wider field of application, mainly because of the confiscation modalities to which it refers and to the introduction of presumptions iuris tantum that limits the concept of third party in good faith. The objective of this paper is to analyze these and other issues related to the new article 127 quarter Cp of Spanish Criminal Code the confiscation of goods transferred to third parties. [ABSTRACT FROM AUTHOR]

The work analyzes from an overview the provisions contemplated in the Penal Code in order to recover assets from the crime (confiscation and the figure of the participant for profit). Its relation to the crimes related to the introduction into the economic circuit of goods and effects resulting from a criminal activity (money laundering and receiving) has important consequences on the effect in practice of those provisions, between the which highlights the detection of traits that would be characteristic of the crime of illicit enrichment, formally alien to our order. [ABSTRACT FROM AUTHOR]

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Copyright of Estudios Penales y Criminológicos is the property of Universidad de Santiago de Compostela, Servicio de Publicaciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Copyright of Estudios Penales y Criminológicos is the property of Universidad de Santiago de Compostela, Servicio de Publicaciones and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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This article analyzes the confiscation of machinery and the appropriation of cultural goods during the occupation of Lima. Both themes have not been explored in depth by the War of the Pacific historiography, being neglected or ignored even considering the documented evidence that exists in Chile. Based mainly on those documents the article analyzes the Peruvian situation, the participation of Chilean officials and State representatives during the occupation, the answer in Chile facing the arrival of ships with cultural goods --books, statutes and ornaments for public spaces-- that varied from the covering up through euphemism, to the critique from the national press and the categorical rejection on the part of the Chilean House of Representatives. [ABSTRACT FROM AUTHOR]

This article shows a descriptive study on confiscation and post-confiscation handling of wild fauna in Chocó State, which is a territory used as a route for illegal traffic and commercialization. From a Colombian juridical point of view definition of wild fauna, confiscation, and relevant juridical consequences is analyzed. Between 2005 and March 2011, 904 confiscations were conducted in Chocó: 316 birds, 321 reptiles, 264 mammals, 1 amphibian, 1 arachnid, and 1 fish. Tendency has increased. Releasing is the main option for disposing of confiscated fauna. Only administrative penalties have been imposed, with no reports with the Environmental Offenders Registry and no criminal investigations have been executed. [ABSTRACT FROM AUTHOR]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)