This Working Paper explores the wide variety of non-conviction based (NCB) forfeiture laws in Latin America, with a special focus on the region’s predominant model, Extinción de dominio.
It argues that NCB forfeiture legislation, which allows for the recovery of stolen assets outside of criminal proceedings, can contribute significantly to a state’s criminal policy response to rampant economic and organised crime.
The Organisation for Economic Co-Operation and Development (OECD) has recommended the use of Collective Action to address corruption in its long-anticipated revised Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions ("2021 Anti-Bribery Recommendation").
As countries improve their capacity to recover assets derived from criminal activity, they are faced with a challenge: how should these assets be managed while the judicial process is underway?