The need to optimize regulations regarding the recovery of assets in the argentine republic, as the most effective means to combat organized crime

Authors

  • Gonzalo Martín Serrano Guillot

DOI:

https://doi.org/10.54275/raesmpce.v11i1.74

Keywords:

Money laundering, Asset recovery, Confiscation, Domain extinction law, Argentina

Abstract

If we characterize the current system of administration of justice in the Argentine Republic, regarding the prosecution of complex crimes, their levels of inefficiency and inability to reach the heads of criminal organizations are high. While it is true that there is a tendency to think that the only way to solve a crime case is through persecution, which seeks to imprison the perpetrator of the illegal conduct, in the crimes of economic crime this is practically not met, because there are few convictions and there are few measures aimed at repairing the damage caused. In this sense, I understand that the recovery of assets is one of the main criminal policy tools designed in recent times to counteract, mainly, this type of economic crime. Substantially, its main function is to prevent illicit assets from being reinvested in prohibited markets or incorporated into the formal economy. Therefore, it is extremely necessary that states use policies to influence this type of property, such as the sanction of a law of extinction of ownership. The real fight against organized crime must be waged on three fronts: confiscation, money laundering and asset recovery and that, the common goal is to fight against the economic benefit generated by this type of criminal activity.

Author Biography

Gonzalo Martín Serrano Guillot

Abogado – Universidad de Morón-, Master en Derecho Penal – Universidad Austral - y Especialista en Crimen Organizado, Corrupción y Terrorismo – Universidad de Salamanca.

Published

2019-06-21

How to Cite

Serrano Guillot, G. M. (2019). The need to optimize regulations regarding the recovery of assets in the argentine republic, as the most effective means to combat organized crime. ACADEMIC JOURNAL OF THE SUPERIOR SCHOOL OF THE PUBLIC PROSECUTION, 11(1), 227–240. https://doi.org/10.54275/raesmpce.v11i1.74

Issue

Section

Artigos Internacionais