Extinción de dominio versus Confiscación en la Legislación venezolana y colombiana

Abstract

In the year 2023, the Organic Law of Asset Forfeiture was enacted as a tool to fight against corruption, organized crime, terrorism financing, money laundering, and illegal trafficking of psychotropic substances and drugs. Its purpose is to reaffirm the application and recognition of property rights and create conditions so that assets and property derived from or related to criminal activities are used to fund national public policies for the protection and development of the people. The problem arises from the constitutionality given to the organic character of this law, based on confiscation, which is different from asset forfeiture and is not within the limits of property rights established in the Constitution of the Bolivarian Republic of Venezuela. The main purpose of this research was to analyze the differences between asset forfeiture and confiscation in Venezuelan and Colombian legislation. The methodology is qualitative, using the legal-comparative method, as it is a comparative study of laws. The results allowed the description of the figures under study and finally compared asset forfeiture and confiscation, all in light of the legislation of Venezuela and Colombia. It concludes that they are different institutions, since their way of proceeding, the object of application of the sanction and the nature of the action are different from each other.