INTRODUCCIÓN AL ESTUDIO DE LA EXTINCIÓN DE DOMINIO Y SUS MODELOS GLOBALES

This book by professors Rafael S. Jiménez Tapia and Emilio J. Urbina Mendoza analyzes the theoretical details and their praxis of the two mechanisms of prosecution against global illicit assets: non-conviction based or civil forfeiture. This book is based on research published a few years ago on non-conviction based and civil forfeiture, by the same authors, long before its application or discussion in Venezuela. To the extent that economic crime 2.0 advances in its increasingly discrete pathologies, the degree of destruction is progressively proportional to economic systems, as indicated by reports and studies by international organizations such as the ODCE, the World Bank, the IMF, the FATF. States are urged to apply mechanisms to correct these imbalances introduced by illicit assets, whose damage is not only limited to material matters but also to collective imaginations about how to obtain economic improvements. The work is divided into three parts. The first, dedicated entirely to the study of non-conviction based or civil forfeiture not so much from a descriptive perspective but from conceptual models. The origin and global normative sources of both institutes (LMEDO, UNCAC and Directive 2014/42/EU) are studied, making a detailed review of the original Anglo-Saxon construction and its adaptation to continental law by the jurisprudence of the European Court of Human Rights (ECHR). It includes an analysis of the models and trends of dominance extinction in Latin America, from the prototypical Colombian systematic (dominant version) to the new denying or challenging variants. The second part of the book details contemporary trends on confiscation without conviction and asset forfeiture in Europe and Latin America, respectively. The third and final part is dedicated to the exhaustive study of the Ley Orgánica de Extinción de Dominio (LOED). The institute is addressed both in its substantive aspects (constitutionality, characteristics, effects, problems with other analogous institutions such as confiscation, etc.) and procedural aspects. The text reviews the details of the new domain forfeiture procedure, for which the LOED qualifies the action as civil property in nature.