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FORFEITURE LAW





The forfeiture is the loss of property rights over the assets (movable or immovable), without consideration or compensation for leaving the property owner to the State.



Assumptions:

• Organised crime.

• Crimes against health.

• Kidnapping.

• Theft of vehicles.

• Human trafficking.



Appropriate if the patient fails to prove:

• The legal origin of the good.

• His acting in good faith.

• Prevented to know their illicit use.



Asset forfeiture proceeds in respect of the following goods:

• Those that are instrument, object or proceeds of crime. Buy the property eg money derived from drug trafficking.

• Those who have been used to hide or mixing proceeds of crime (eg Hide cars).

• Those used for the commission of crimes by a third party, if the owner had knowledge of it and not notice or was prevented (eg Trafficking).

• Those who are in the name of third parties, which are the result of organized crime, and the defendant for these crimes to behave as owner (eg names Presta).



Anyone can report to the public prosecutor.



The exercise of the action, ie the person who is entitled to seek the forfeiture is: The Public Ministry, and the request to: JUDGE.



The judgment of forfeiture is:

• independent of any other criminal trial.

• The death of the alleged offender does not pay the forfeiture occasion.

• Goods on declaring the forfeiture will go to "welfare".



Precautionary measures (preventive):

• Prevent the well may suffer damage, destruction or selling it.

• Prohibition to alienate or encumber.

• The judge ordered his detention and assurance.

The law states:

"Interim measures ordered by the judge in the case of immovable property shall be registered in the Public Registry of Property."



In its judgment the court must determine that the forfeiture ordered or otherwise changing the property.

The sentence determining the forfeiture shall also pledge to creditors or of any other type of security provided by law (eg Bond, surety).

This with the exception of securities given to an institution legally recognized financial system (ie bank).

The forfeiture proceeds regardless of the time of acquisition.



Consequences:

Owners:

A) Termination of the domain (By taking away the good).

B) Deprivation of liberty (criminal).

Buyers:

A) Deprivation of liberty (criminal)

The parties must have the relevant contract:

A) transfer of ownership:

• Purchase

• Donation

B) translative of use:

• Lease

• Comodato



To protect ourselves, we need to review and include it in the following contracts:

• Contract for the provision of brokerage services in buying and selling.

• Contract for the provision of brokerage services in lease.

• Promissory Purchase Contract sale.

• Lease.



Alerts:

• When no official identification.

• The identification does not match the identity where the business is located.

• Mention that the property belongs to him but it is for another.

• have no credit history mentions.

• Do not want to give his name and shows doubtfully.

• You want to pay cash (the sale price or rent).

• You want to rent and provides an annual payment in one installment and cash (in dollars).

• Your credit bureau bad credit report.



In short, the forfeiture:

• 1. - It is a shame.

• 2. - Nor is criminal procedure.

• 3. - The action is equity.

• 4. - This action seeks the good itself and not the individual owner of the property.

• 5. - Falls on the thing.





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