El comiso del patrimonio criminal

Resumo

The comiso has a crucial role in the fight against crime, particularly organized because it prevents the offender, or people close to him, can have the benefits of a financial nature that come from committing crimes and they are usually hidden to put them out of reach of the authorities. This thesis is an examination of the spanish criminal law and the Costa Rican criminal law on confiscation and formulates a proposal for both countries lege ferenda. In its first five chapters, we study the Spanish case. Among other topics, addressed the historical evolution that has experienced this legal; supranational criminal policy on confiscation and the way in which supranational instruments incorporated into domestic law. We study the effects and instruments comiso and confiscation of proceeds, giving special importance to the foundation, the teleological orientation and nature of each type of comisos. Also examines budgets seizure, the seizure of separate rights to real property right, the confiscation of property of third, the confiscation of first and second degree, the equivalent value confiscation, confiscation in reckless crimes and fate of goods subject to confiscation. Finally, it delves into the constitutional principles related to this school and the particular forms of seizure contained in the Penal Code and other laws (eg, the extended seizure, the seizure in cases of crimes against road safety, drug trafficking, the money laundering, bribery and influence peddling and smuggling offense). Using the same parameters, in the sixth chapter analyzes Rican regulation. Finally, in the seventh chapter articulates a ferenda proposal for both countries.