The Abandonment of Property in the National Code of Criminal Procedures: Brief Analysis for Good Practice in Light of the Guanajuato Case

Abstract

The abandonment of assets is a legal tool that has been little explored and therefore exploited by law enforcement entities. However, in it we find an additional means to confront crime in terms of weakening the so-called financial structures of criminal groups. This circumstance represents an area of ​​opportunity in the comprehensive fight against the harmful behaviors that are carried out by these organizations, since 'along with the confiscation and extinction of ownership, they are a complement to the work of the State to be able to carry out the recovery. of assets, as well as a redirection so that said assets have a lawful purpose. Therefore, it is necessary to establish some considerations that detail, from a practical point of view, the operation of asset abandonment in light of our legal framework, with the intention of encouraging its use.