Can a Judge Seize Your Assets Without Direct Proof of Crime?

Recently, the Supreme Court has established a clear and decisive doctrine regarding the forfeiture of assets related to drug trafficking and the proof of the value of narcotic substances. In this article we analyze the key points that every criminal defense attorney and any person under investigation should know.

What is criminal forfeiture and when can it be applied?

Forfeiture is a measure provided for in articles 127, 127 bis and 374 of the Criminal Code that allows depriving those convicted of assets, effects and profits obtained directly or indirectly from the crime.

It is a key legal tool in the fight against:

• Crimes committed by criminal organizations or criminal groups.
• Crimes against public health (such as drug trafficking).
• Economic and property crimes, such as fraud.

Frequently asked questions about criminal forfeiture and its application

Can they take my car without a conviction?

Yes, if there are well-founded indications that the car was purchased with money of illicit origin (drug trafficking, fraud, etc.) or if it was used to facilitate the crime, its forfeiture can be ordered even without a final conviction. Article 127 bis of the Criminal Code allows extended forfeiture based on objective indications.

Is it legal for them to forfeit my house if I haven’t been tried yet?

Yes, it is legal if there are reasonable suspicions that it was acquired with criminal proceeds. A provisional forfeiture can be adopted before trial to prevent the asset from disappearing or being transferred. It is not necessary to wait for a conviction if there is sufficient objective evidence.

How can I prevent them from seizing assets for a drug trafficking offense?

You must justify the lawful origin of each asset or income. If you demonstrate that your assets come from legal activities, you can avoid forfeiture. It is essential to have a criminal defense attorney who prepares this defense from the beginning of the investigation.

What can I do if they have forfeited my money without a sentence?

You can file an appeal or opposition proceeding to the forfeiture if you consider that it is not justified. You must demonstrate that this money has a lawful origin and is not related to the facts under investigation.

What evidence does the police need to forfeit my assets?