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Confiscation of proceeds

Authors

  • Ignacio Ananías Zaror Profesor invitado de Derecho Penal, Universidad Adolfo Ibáñez

Abstract

In the absence of a general regulation regarding gains or profits in the Criminal Code, this paper intends to determine the scope of the term “effects” as provided in article 31, in order to prove that gains or profits are included in such disposition. The objective is to expand the application of the penalty of confiscation, traditionally restricted by Chilean authorities. Before this, a descriptive analysis of confiscation will be held in both Spanish and German law. The scope, as will be demonstrated, it is similar to the Chilean general legislation.

Keywords:

Confiscation, effects, gains, “unjust enrichment”, “organized crime”