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The Recovery of Assets under the Argentine Legal System: Should Confiscation Necessarily be Considered of Criminal Nat...
ISSN: 2545 - 8817
Publisher: author
The Recovery of Assets under the Argentine Legal System: Should Confiscation Necessarily be Considered of Criminal Nat...
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 3
Article Transparency Score: 2
Article Operation Score: 3
Article Articles Score: 3
Article Accessibility Score: 2
SUBMIT PAPER ASK QUESTION
International Category Code (ICC):
ICC-1002
Publisher: Universidad De San Andrés
International Journal Address (IAA):
IAA.ZONE/2545115438817
eISSN
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2545 - 8817
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Abstract
Thispaper analyses whether the general asset forfeiture regime, as we know it nowadays in the Argentine legal system, truly constitutesan accessory criminal penalty or whether, on the basis of its successive amendments, it can be regarded as a measure of a different nature. For this purpose, a negative conception of the criminal penalty will be taken into account, which will serve to differenciate criminal forfeiture from other measures that have been used to substantiate the possible administrative or civil nature of asset forfeiture. In this framework, I argue that asset forfeiture is nota criminal penalty when its purpose is to restore, repair or prevent damages, and stop ongoing injuries or neutralise imminent dangers. Thus, I propose that the asset forfeiture of instruments of crime necessarily entails the imposition of a criminal penalty. However, where the measure concerns the proceeds or profit of a crime, it must be considere...
