Peru’s first National Convention of Prosecutors Specialised in Extinción de Dominio brought together 80 prosecutors, lawyers, police officers and other justice practitioners to share experiences on the application of Peru’s extinción de dominio law.

Extinción de dominio is a form of non-conviction based forfeiture (NBCF) law common in Latin America. It allows the State to confiscate illicit assets where a criminal conviction is not possible in relation to the specific crime generating those assets.

Oscar Solórzano, Head of Latin America at the Basel Institute on Governance and Senior Asset Recovery Specialist at our International Centre for Asset Recovery, interviewed Dr Hamilton Castro Trigoso, Provincial Prosecutor of the First Provisional Provincial Prosecutor's Office for Extinción de dominio in Lima, on his experiences in investigating and enforcing asset confiscation judgements abroad.

In the first such case in the Americas, Peru has issued a judgement ordering the non-conviction based confiscation of over USD 1.5 million in assets frozen in Mexico.

The achievement adds to Peru’s substantial experience and jurisprudence involving its 2019 law of Extinción de dominio. The non-conviction based forfeiture (NCBF) law allows assets of illicit origin to be confiscated in a judicial procedure, even if a criminal conviction is not possible.

A model law on non-conviction based forfeiture (NCBF), drafted 10 years ago by UNODC to support countries in Latin America in their efforts to recover stolen assets, will be updated following four days of intense discussions among practitioners and asset recovery experts from across the continent.

Claims that Switzerland is “paternalistic” in its approach to returning stolen assets to their rightful countries are simplistic, argues Senior Asset Recovery Specialist Oscar Solórzano in this opinion article for Swiss news and information platform Swissinfo. The article is available on the Swissinfo site in German and Spanish.