The Senate approved in second reading the project of extinction of ownership, which will serve for the State to seize property originating from or linked to the violation of criminal laws and property used or linked to criminal activities.
This act regulates the procedure for lawsuits for the extinction of property provided for in Article 51, paragraph 6 of the Constitution of the Dominican Republic, which states that the "Act shall establish the regime for the administration of property seized and abandoned in criminal proceedings and in lawsuits for the extinction of property, provided for in the legal system," the Senate reported.
The bill being discussed in Costa Rica basically seeks to extinguish the assets of organized crime, but there are those who claim that as proposed, it puts at risk the presumption of innocence of individuals.
The extinction of domain is a concept that in practice refers to seizing or confiscating assets linked to criminal activities, and then transferring them in favor of the State.
A draft bill proposes that the state seize goods from money laundering and other illicit activities.
"The suggestion has been raised to create a law that relates to forfeitures, because there is so much income and assets being generated, but we do not know what to do with those assets" said Ana Belfon, from the Attorney General's Office.
"Between April 2012 and June 2013 alone, the Statistics Center of Public Prosecutions recorded $1.3 million apprehended by the prosecutor specializing in organized crime," noted an article in Capital.com.pa.
The standard allows the state to seize assets related to illicit operations based on tax fraud, money laundering, drug trafficking or organized crime.
Salvadoran Congress also agreed to add the crimes of fraud along with those of public finances and corruption to the Special Law on Forfeiture and Management of Property of Illicit Origin or Destination.
The creation a judge’s position which has national jurisdiction will allow the application of the law which came into force in July 2010.
José Luis Muñoz Licona, director of the National Police, told the media that the new regulation will allow the investigation into bank accounts belonging to organized criminals.
He added, "the enactment of the law on confiscation of property, and appointment of the National Court judge will allow appropriate action to be taken ... the treasury is committed to this action and ideally there would be be even more details made available to us because these well-organized groups know how to structure things in a way that perfectly conceal any movements that may be made through a bank", reported an article in Proceso.hn.