Given its vast border with the United States, Mexico is a strategic trade and economic development region, which creates significant challenges in combating crime and violence. In recent years, Mexico´s federal and state governments have focused their efforts on the development of strategies to combat and weaken the criminal structures operating in the country by using legal instruments such as seizure, abandonment, and extinction of domain. This study seeks to identify the challenges faced by the states of Baja California, Chihuahua, Coahuila, Nuevo Leon, Sonora, and Tamaulipas in their efforts to combat crime through the collection of primary and secondary data and interviews with key actors. Mexico faces major challenges in the development of public policies to fortify the legal precepts of extinction of domain, in addition to fostering institutional links with the Financial and Patrimonial Intelligence Units of Mexico's northern Border States. There are few studies about subnational efforts for asset forfeiture as a policy instrument against criminal elements in developing countries. The Mexican case presents important subnational efforts to improve security strategies that may provide guidance for other subnational governments or regions that may be facing similar challenges or are pursuing parallel initiatives.

/pdf/public-policies-against-criminal-assets-in-mexico-challenges-3dx3r4axvi.pdf

Imposing Indigence: Reclaiming the Qualified Right to Counsel of Choice in Criminal Asset Forfeiture Cases

Public policies against criminal assets in mexico: challenges and opportunities from the north border states

Abstract This article elaborates on recent developments in modelling the advanced measure for prevention of organized and serious criminality and corruption – civil confiscation. It distinguishes and discusses the safeguards in civil confiscation patterns that are supposed to ensure the balance between the effectiveness and proportionality of the recovery of the proceeds of crime. Based on different sets of the distinguished safeguards, the article abstracts the variety of civil confiscation patterns in European national jurisdictions into three models and discusses the advantages and the risks the regulation based on these models may pose. The analysis is supplemented with the assessments made by the European Court of Human Rights in the cases related to civil confiscation regulation and insights of the practitioners who participated in the legislative proceedings on the draft of the Lithuanian law on civil confiscation. The article concludes with the thesis that some patterns of the civil confiscation may pose serious risks of disproportional or erroneous decisions to recover property and abuse of civil confiscation proceedings.

/pdf/modeling-the-patterns-of-civil-confiscation-balancing-1xkgnnreki.pdf

Modeling the Patterns of Civil Confiscation: Balancing Effectiveness, Proportionality and the Right to Be Presumed Innocent

/pdf/imposing-indigence-reclaiming-the-qualified-right-to-counsel-gjkh3tpafz.pdf

Imposing Indigence: Reclaiming the Qualified Right to Counsel of Choice in Criminal Asset Forfeiture Cases

Citations

Public policies against criminal assets in mexico: challenges and opportunities from the north border states

Modeling the Patterns of Civil Confiscation: Balancing Effectiveness, Proportionality and the Right to Be Presumed Innocent

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