Factor subjetivo en la extinción de dominio por utilización de bienes en la comisión de actividades ilícitas (original) (raw)

2016

Abstract

The forfeiture of possessions is a constitutional, judicial and independent action declaring the loss of ownership rights to the State without compensation or against provision in favor of the owner. This action comes when the goods have been acquired through illicit enrichment, to the detriment of the public treasury or severe impairment in social or moral when they have been the subject of an offense or have been used to commit illegal activities. In the latter case it should demonstrate the use of the property for illegal purposes (objective factor), and the acquiescence or lack of care and monitoring by the holder (subjective factor). However, the rules do not provide for the requirements of this factor, a situation that has led to its creation required by the jurisprudence.

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