The Supreme Court of Justice declared “that the organic character granted to the Organic Law of Asset Forfeiture is constitutional, since it conforms to the legal characteristics of organic laws, in terms of its form and content.”
Such decision is contained in ruling 0315 of the Constitutional Chamber, whose drafting was in charge of its president, magistrate Gladys Gutiérrez and published this Friday morning.
The magistrates clarify that it is up to the Constitutional Chamber to declare whether or not a law has an organic character. And that is why the The National Assembly sent on Thursday the text of the Asset Forfeiture Lawonce this was sanctioned the afternoon of that day.
Before debating the organic nature of this law, the magistrates clarified that this type of law is the one that develops principles established in the Constitution. “Such an expression necessarily implies the recognition of its pre-eminent position compared to other normative texts”, say the magistrates when explaining the phrase “organic law”.
And indeed, the Chamber determined that the Organic Law of Asset Forfeiture aims to develop constitutional precepts “which advocate moral heritage, ethics, and the well-being of the people as superior values of the legal system, which is consistent with the fight against corruption.” as a public policy of the State and as a flag of the law that is being analyzed here”.
The Chamber also found that the law under review “is designed to assist in the prevention of criminal activities, especially those related to corruption, organized crime, financing of terrorism, money laundering, and illicit trafficking in psychotropic substances and narcotics.” , which have a negative impact on society.
The Organic Law of Domain Forfeiture was proposed in the middle of the Anti-Corruption Operation initiated by the Government on March 17.
The aforementioned operation intends to prosecute public officials from the oil industry, basic companies from Guayana and the state-owned Cartones de Venezuela, among others. There are already 60 detainees, according to the Public Ministry.
The Anti-Corruption Operation has involved the asset forfeiture that they were in possession of persons presumably involved in criminal acts already captured and charged.
