Latin America has seen various legislative efforts in the fight against rampant economic and organised crime and in the endeavour to recover illicit assets relating to these crimes. Among theses efforts is a wide variety of non-conviction based (NCB) forfeiture regimes and applicable standards.

NCB forfeiture allows for the recovery of illicit assets autonomously, i.e. outside of criminal proceedings, through an independent judicial process that applies civil rules and is directed against the asset itself (in rem).

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.

Recent corruption scandals have shown the negative effects that corruption may have in countries around the world, including those of the Latin American and Caribbean region. The Inter-American Development Bank has therefore convened an independent group of experts composed by eight governance and anti-corruption scholars and practitioners to identify innovative and effective approaches to combat corruption in the region.