Abstract
The regulations that govern the tracing of illegal assets in the justice and peace process
have undergone significant change between 2005 and 2016. These changes have mostly
responded to certain problems that came up in enforcing the Justice and Peace Law,
which succeeded in some cases but not in others. The author of this work describes
some of the main problems of tracing illegal assets in the context of Justice and Peace,
along with some solutions that have been attempted. Topics covered range from the
cession of assets despite the lack of a legal framework for their reception, conceptual
and procedural conflicts between the legal framework for non conviction based asset
forfeiture and Justice and Peace, difficulties in securing assets, conflicts between Justice
and Peace and land restitution, inadequate resources for the distribution of indemnities
in the Fund for the Reparation of Victims (FRV), difficulties regarding legal rulings for
non conviction based asset forfeiture in Justice and Peace, the duration of trials and the
contingency of rulings, the unclear scope of rulings when third parties are involved,
rulings for non conviction based asset forfeiture vs. rulings under Justice and Peace,
the problem of victim reparation in relation to non conviction based asset forfeiture,
noncompliance with the obligation to provide assets for reparation by those required
to do so, and the question of efficiency in tracing assets.
have undergone significant change between 2005 and 2016. These changes have mostly
responded to certain problems that came up in enforcing the Justice and Peace Law,
which succeeded in some cases but not in others. The author of this work describes
some of the main problems of tracing illegal assets in the context of Justice and Peace,
along with some solutions that have been attempted. Topics covered range from the
cession of assets despite the lack of a legal framework for their reception, conceptual
and procedural conflicts between the legal framework for non conviction based asset
forfeiture and Justice and Peace, difficulties in securing assets, conflicts between Justice
and Peace and land restitution, inadequate resources for the distribution of indemnities
in the Fund for the Reparation of Victims (FRV), difficulties regarding legal rulings for
non conviction based asset forfeiture in Justice and Peace, the duration of trials and the
contingency of rulings, the unclear scope of rulings when third parties are involved,
rulings for non conviction based asset forfeiture vs. rulings under Justice and Peace,
the problem of victim reparation in relation to non conviction based asset forfeiture,
noncompliance with the obligation to provide assets for reparation by those required
to do so, and the question of efficiency in tracing assets.
| Translated title of the contribution | Domain Extinction and Domain Extinction Action in Colombia |
|---|---|
| Original language | Spanish |
| Title of host publication | La Extinción de Dominio y la Acción de Extinción de Dominio en Colombia |
| Publisher | Oficina de las Naciones Unidas Contra la Droga y el Delito Colombia UNODC |
| Pages | 5 - 35 |
| Number of pages | 30 |
| ISBN (Electronic) | 978-958-738-790-2 |
| ISBN (Print) | 978-958-738-789-6 |
| State | Published - 2015 |