The Plenary of Congress approved, in the first vote, the replacement text that weakens the domain forfeiture processa legal mechanism that allows the State to recover assets acquired illicitly due to acts of corruption and organized crime. The law, approved during the session on Friday, December 13, seeks to modify legislative decree 1373 and now conditions that there is a criminal sentence ultimately consented, which makes it difficult to pursue illicit assets.
The vote was supported by a majority of Popular Force parties and Peru Libre, with 55 votes in favor44 against and 8 abstentions. This ruling also specifies the definition of illicit activity and incorporates new powers to the National Seized Assets Program (PRONABI), which will be responsible for managing the assets recovered by the State. Despite the approval in the first instance, the law is still pending a second vote in Congress.
What are the approved modifications?
One of the most notable changes is that asset forfeiture can only be applied to those assets that come from criminal offenses with a final sentence. This excludes assets derived from administrative infractions, such as violations of environmental laws.
Another important change is the modification of the burden of proof. The new replacement text eliminates this obligation for the suspect, which means that the process is simplified for those accused, making it difficult for the State to recover assets linked to corruption or organized crime.
