Seizure Of Assets Research Articles

Analysis of Ethereum transactions during the prevention and investigation of criminal offenses

The mechanism of Ethereum transactions analysis during the prevention and investigation of criminal offenses based on the study of modern experience in this area has been proposed. The directions of cryptocurrency use by offenders have been revealed. The relationship between the decrease of the cash market and the increase in the use of cryptocurrencies has been described. The state of legal regulation of cryptocurrencies in Ukraine has been studied. The insufficient regulation of the issue of handling cryptocurrencies in criminal proceedings has been emphasized. The issue of impossibility to seize cryptocurrency assets during criminal investigation has been raised. The problematic issues faced by law enforcement agencies in other countries when seizing cryptocurrencies have been outlined.
 The structure and peculiarities of the cryptocurrency Ethereum circulation have been revealed. The features of the Ethereum platform and its distinctive features have been studied. The key standards that characterize the work of the Ethereum platform have been analyzed, explanations of key terms have been provided. The essential data in the blockchain for analysis have been highlighted, the procedure for accessing the Ethereum blockchain transactions has been described. Various web resources which one can access the Ethereum transaction blockchain through have been provided.
 The purpose of email mixing, the conditions under which the anonymity of the email address is lost have been revealed. Some software tools used to analyze ethereum transactions have been evaluated by experiment. Automation of searching and building a schema of relations of different identifiers of e-transactions on the example of Maltego Community Edition and Crystal Expert have been demonstrated. Additional modules that need to be installed in Maltego Community Edition to analyze the relevant transactions effectively have been described.
 It has been emphasized that when analyzing ethereum transactions, it is necessary to use not only ready-made tools, but also various scientific methods, such as identifying key criminal groups and wallets, identifying cases of money laundering using cryptocurrencies, additional address profiling, prevention of illegal behavior on the trading ethereum platform. The importance of effective analysis of cryptocurrencies for investigation has been described. The effectiveness of the Crystal Blockchain platform as a tool for analyzing Ethereum transactions in criminal investigations has been evaluated. The technical side of law enforcement training on the seizure of cryptocurrency assets has been revealed. For this purpose, it is recommended to use the so-called test networks. The mechanism of controlled transfer of cryptocurrency assets for custodial and non-custodial wallets has been proposed.

Proof of Predicate Crime as a Basis for Prosecution of Money Laundering Crimes

Money laundering is an act that is passed on from the original criminal act (follow-up crime). In Indonesia, the criminalization of money laundering is realized by Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes, which repeals Law Number 15 of 2002. Article 69 of Law Number 8 of 2010 explains that "it is not mandatory to prove in advance the original criminal act." This provision adopts a reversal of the burden of proof and the seizure of civil assets. This makes a difference, where money laundering is a follow-up crime, in line with the theory of "no money laundering without core crime." Proven predicate crimes can be considered for money laundering. In some court rulings, the panel of judges relied on proving a predicate crime to prove money laundering. So that the element of wealth that is reasonably suspected to be the result of a criminal act can be proven. Therefore, it is necessary to conduct an assessment of (1). What are the implications of not proving predicate crime in the judicial process of money laundering? (2). How does the predicate crime act's implementation affect the criminal justice process of money laundering?

Appropriation of Assets Corruption in Human Rights Perspective

This study aims to determine how law enforcement in cases of criminal acts of corruption is viewed from the perspective of human rights and to find out how the system of confiscation of assets by the state from the proceeds of criminal acts of corruption is viewed from the perspective of human rights. The research method used is normative juridical and by using a statutory approach. The results show that the seizure of assets by the state through a criminal law mechanism can be carried out if the court has handed down a decision that has permanent legal force, therefore it must be carried out carefully, because if the confiscation has nothing to do with the proceeds of a criminal act of corruption, it has the potential to violate human rights (HAM). Through this research, The author is of the view that the confiscation of assets in cases of criminal acts of corruption must be formulated from a theoretical, juridical, philosophical and practical perspective as a justification so that it can be applied both at the level of legislation and application policies. So that the potential for the seized assets will not exceed the amount of the corrupted assets.

Tactics of seizing electronic assets obtained by criminal means in criminal proceedings

It has been established that the tactics of seizure of electronic assets obtained by criminal means in criminal proceedings is a set of scientific provisions and practical recommendations for organizing and planning activities to detect and seize electronic assets obtained by criminal means to ensure the effectiveness of criminal proceedings by determining the algorithm persons conducting pre-trial investigation. It has been found that the tactics of seizing electronic assets obtained by criminal means in criminal proceedings include recommendations for detecting electronic assets, establishing their connection with illegal activities in such a way as to obtain permission to seize them, and proving the facts relevant crimes. The structural elements of the tactics of seizing electronic assets obtained by criminal means in criminal proceedings have been highlighted. It has been emphasized that the tactical and organizational support for the seizure of electronic assets obtained by criminal means in criminal proceedings is the detailed planning of the investigation; careful preparation for individual events; establishing cooperation of pre-trial investigation bodies with state bodies, local self-government bodies, individuals and legal entities, international and intergovernmental organizations; use of information retrieval systems in the detection and tracing of assets. It has been emphasized that the effectiveness of seizure of electronic assets obtained by criminal means depends on the proper organization of criminal investigation from the earliest moment of its detection, careful planning and establishing constant and effective cooperation with other law enforcement agencies, regulatory and other bodies. The peculiarities of the interaction of pre-trial investigation bodies and prosecutor’s offices with the National Agency of Ukraine for Detection, Search and Management of Assets Obtained from Corruption and Other Crimes have been highlighted.

Confiscation Of Assets For The Crime Corruption Used As Guarantee Mortgage

Asset confiscation is one of the government's efforts to compensate for state losses. The Prosecutor's Office is one institution with the authority to carry out asset confiscation based on court decisions. In carrying out judicial decisions on corruption crimes, the Prosecutor's Office experiences various obstacles in practicing the value of justice, one of which is the seizure of assets attached to mortgages. The assessment of confiscating assets burdened with mortgages uses empirical juridical methods through library research and field research. The problem of this research focused on the practice of confiscating assets resulting from corruption in recovering state finances and how is the mechanism for confiscating assets resulting from corruption with mortgages attached. The study results show that in practice, the seizure of assets resulting from corrupt criminal acts takes a very long time because the time required for a case to obtain a binding court decision can take months, maybe even years. Next, the mechanism for confiscation of assets by prosecutors can confiscate assets resulting from corruption crimes that are pledged in the bank with mortgage rights attached, as long as the court can prove that the assets are indeed the result of corruption crimes and have permanent legal force (Eintracht). Because the criminal law position (public) is higher than civil law (private).

The Rights of Victims of Illegal Investment Crimes Against Confiscated Goods

Illegal investment is a very disturbing business crime. The number of victims and the large value of losses make the case of illegal investment getting special attention. The return of losses from the proceeds of crime is actually the right of the victim, but in law enforcement practice, confiscated objects are usually returned to the state, not to the victim as the rightful party. This study will discuss the problems of investment law in business activities, illegal investment in crime terminology and victims' rights to confiscated objects. This research is a normative juridical research examining the legal vacuum of confiscation of assets to be returned to the victim. Investment is a business activity protected by law. In its development, there are investment irregularities in the form of illegal investments, namely investments that are not licensed and carried out against the law. Illegal investment in the terminology of crime is not explicitly stated, but this act is punishable by fraud and money laundering. The proceeds of crime are traced and confiscated, but in legal practice, the return is given to the state. In future legal reformulations, it is necessary to stipulate provisions regarding the seizure of assets; therefore, the victims can get their rights.

The Role of Prosecutors in The Effort For Assets Recovery From Corruption Crimes

Corruption is an extraordinary crime because the impact of corruption harms the financial condition of a country; corruption is also alleged to violate the social and economic rights of the community or citizens in the country. Since corruption criminal is included as a extraordinary crime, an extraordinary method must be applied to eradicate corruption. For this reason, also steps are needed to provide a deterrent effect to perpetrators of corruption. Punishment of corruption perpetrators is expected to provide a deterrent effect. One of that steps is to return the state losses caused by corruption perpetrators, as well as being one of the anticipatory steps so that later, people will not dare to commit corruption. This research was made to answer how to recover assets from corruption and determine the prosecutor's office's role in recovering assets from corruption crimes. In this research, the author uses a normative legal research method that conducts an inventory of applicable laws and regulations. The results of research regarding efforts to recover assets can be carried out through criminal and civil legal remedies. Furthermore, the role of the Prosecutor's Office as a law enforcement officer in charge of law enforcement regarding assets recovery through criminal acts recognizes two mechanisms or procedures for recovery assets, the first mechanism or procedure is the seizure of assets without punishment, and the second is the mechanism or procedure for voluntary asset return. The steps that can be carried out in asset recovery are divided into several steps, including asset tracking, blocking or freezing, foreclosure, confiscation, and return.

The rights of victims of illegal investment crimes against confiscated goods

Illegal investment is a very disturbing business crime. The number of victims and the large value of losses make the case of illegal investment getting special attention. The return of losses from the proceeds of crime is actually the right of the victim, but in law enforcement practice, confiscated objects are usually returned to the state, not to the victim as the rightful party. This study will discuss the problems of investment law in business activities, illegal investment in crime terminology and victims' rights to confiscated objects. This research is normative juridical research examining the legal vacuum of confiscation of assets to be returned to the victim. The results show that investment is a business activity protected by law. In its development, there are investment irregularities in the form of illegal investments, namely investments that are not licensed and carried out against the law. Illegal investment in the terminology of crime is not explicitly stated, but this act is punishable by fraud and money laundering. The proceeds of crime are traced and confiscated, but in legal practice, the return is given to the state. In future legal reformulations, it is necessary to stipulate provisions regarding the seizure of assets; therefore, the victims can get their rights.

Implementation of Assets Confiscation in the Corruption Crime in Indonesia as Additional Criminals Based of Human Rights Perspective

The confiscation of crime proceeds, or the assets confiscation is the root of very basic justice principle, where a crime should not provide benefits to the perpetrator (crime should not pay), or in other words, a person should not take advantage of the illegal activities he or she is doing. Confiscation of assets that are suspected of being unreasonable can be suspected of violating human rights. If the assets owned exceed the amount of their income, the perpetrator is obliged to prove that the assets were obtained legally. The research method used is normative, which examines and examines using laws and regulations. The result of the research is that the application of asset confiscation is not a violation of human rights. Human rights violations occur when it turns out that assets confiscated are not the result of a criminal act of corruption committed by the defendant. Illegal seizure of assets violates human rights which are the property of citizens. Violations of human rights are regulated in the 1945 Constitution and Law Number 39 of 1999 concerning Human Rights.

Russian-Ukraine 2022 War: A Review of the Economic Impact of Russian-Ukraine Crisis on the USA, UK, Canada, and Europe

The popular belief worldwide is that the global financial sanctions unleashed on Russia, the seizure of assets and properties of the oligarch friends to President Putin for Russia’s current attack on Ukraine will cripple the Russian economy and hinder any further attack on Ukraine. This is logical reasoning, however, the impact of this crisis extends to the global economy. Thus, the purpose of this study is to review the economic impact of the 2022 Russia-Ukraine war on key global economic actors, specifically, countries that have unleashed financial sanctions on Russia as punishment like the USA, Canada, UK, and EU. This study uses the Social Contract and the Interest Group Theories to explain the rationale behind this crisis from its origin. Evidence from reviewed literature shows that although the consequences of this crisis have had a fatal impact on Russia’s economy, the world economy has begun to feel the impact of this crisis. Inflation which is already ravaging most global economies is steadily rising due to the sharp increase in oil, natural gas, and food prices just a few days into this crisis. Experts expect a negative impact on household consumption, increase uncertainty, unpredictable stock swings, supply chain disruptions, bulging utility bills, decreased investment due to political risks, and economic growth impediments. It is therefore vital for policymakers worldwide to seek alternative means of survival if Russia decides to react by restricting its export of vital global commodities of which it is a significant export leader like oil, natural gas, wheat, neon, titanium, palladium, and ammonium nitrate.

Drug Prohibition and the Policing of Warfare: The War on Drugs, Globalization, and the Moralization of Perpetual Violence

This article examines the shifting dynamics between policing and warfare as reflected in the War on Drugs over the twentieth century. Despite the UN’s international drug control treaties being written in language of humanitarianism, the drug prohibition that emerged from these laws exemplifies the growth of “New War.” The drug war, with its violent methods of armed combat, lethal force, incarceration, asset seizure, and land dispossession, was a continuation of familiar warfare. But it also marks a shift away from the traditional structure of war, providing a key, often overlooked early example of how contemporary warfare blurs the lines between surveillance, policing, and military action. Through an analysis of prohibition, this article points to a broader trend of war mutating from conflicts between rival sovereign states to the collective assault upon a threat or poison within the universal.

ДЬЮ ДІЛІДЖЕНС ЯК ІНСТРУМЕНТ ОЦІНКИ ОБ'ЄКТУ ІНВЕСТУВАННЯ

The scientific article examines modern approaches to the interpretation of the essence of the due diligence (DueD) procedure, it is clarified that scientists define DueD mostly as a comprehensive diagnosis (thorough analysis) of the enterprise's activities. It is indicated that DueD is a "guarantee of due diligence" and is a series of measures to form an objective view of the investment object, while such an object can be a legal entity, rights of claim, land plot or real estate object , and the degree of detail, scope of research and other criteria depend only on the goals of the initiator of the procedure. Four stages of DueD development are distinguished, namely: formation, growth, development and slowdown. The current stage, caused by the pandemic, russia's military aggression and the general economic crisis, is characterized by a slowdown in the mergers and acquisitions market and, accordingly, a slowdown in the application of the DueD procedure. The reasons for using DueD are systematized: mergers and acquisitions, changes in the structure of top management, lending, detection of violations as a result of tax audits, occurrence of labor disputes, IРO, verification of the reliability and solvency of the counterparty, assessment of the investment attractiveness of the company, equity participation, targeted financing, seizure of assets, the need to increase the efficiency of the company's activities, investments, etc. The types of DueD are characterized, namely: tax, operational, legal, marketing, financial, technical, environmental. It is indicated that three groups of specialists are mostly involved in conducting DueD: financial analysts, auditors, and lawyers. It has been proven that in order to save money, some companies carry out this procedure in-house, involving specialists from their own divisions. The advantages and disadvantages of conducting DueD by the company's own forces without the involvement of external consultants are disclosed, and the algorithm of the procedure is described from the point of view of various scientists. The purpose of the article is to clarify the essence, main types and algorithm of DueD implementation. The methodological basis of the research consists of such methods as analysis and synthesis, comparison, generalization and a systematic approach.

Law on Asset Recovery for Corruption in Indonesia: An Urgent Need

Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption.

DISCOURSE ON THE IMPLEMENTATION OF PROGRESSIVE LAW IN RECOVERING STATE LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION

The number of corruption cases in Indonesia that are not appropriately resolved is the cause of the emergence of progressive laws. Public trust in the law began to fade because the applicable law did not determine many problems. The law is not seen as a solution provider, and it becomes a particular problem for law enforcement. This article aims to analyze the concept of recovering state losses due to corruption through the implementation of progressive law. The method used is normative legal research using a qualitative approach. This article concludes that progressive law enforcement to eradicate criminal acts of corruption lies in harmonizing the values contained in society and then realizing those values into reality, where their application is influenced by several factors, including legal substance, legal structure, culture law, professionalism, and leadership. The development of the modus operandi of corruption in hiding assets resulting from corruption encourages the urgency of implementing a progressive law enforcement strategy by implementing 2 (two) strategic steps, namely: a) Taking rule-breaking actions in the form of seizure of the defendant's assets to guarantee payment of state losses; b) The judge gives a contra legem decision in the form of an obligation to pay replacement money without a subsidiary which is preceded by confiscation of the guarantee so that it will close the defendant's room to escape from paying replacement money

Implementasi Upaya Pemulihan Aset Korban Kejahatan Tindak Pidana Penipuan dan Pencucian Uang Dalam Kasus First Travel

Assets resulting from criminal acts are the purpose of carrying out criminal acts with economic motives and thus eliminating access and rights of perpetrators to the proceeds of crime and their acquisition can be an effective way of eradicating economic-motivated criminal acts. The anti-money laundering regime in Indonesia has given birth to a new approach that is no longer focused on the perpetrators of crime but on the assets resulting from their crimes, known as the follow the money method. In addition, the law enforcement instruments against illegal assets contained in the Money Laundering Law are actually sufficient to achieve not only assets resulting from criminal acts but also to their acquisition. Ideally, the assets resulting from the crime are returned to the victims of the crime through a court decision with permanent legal force ordering the seizure of assets for the state or returning them to those who are entitled. However, this cannot be seen from First Travel's decision which sentenced the Defendants to imprisonment and confiscated First Travel's assets for the state, which did not immediately solve the problem because this decision did not reach out to the recovery of the impact of the crime experienced by the actual victim.

Implementasi Upaya Pemulihan Aset Korban Kejahatan Tindak Pidana Penipuan dan Pencucian Uang Dalam Kasus First Travel

Assets resulting from criminal acts are the purpose of carrying out criminal acts with economic motives and thus eliminating access and rights of perpetrators to the proceeds of crime and their acquisition can be an effective way of eradicating economic-motivated criminal acts. The anti-money laundering regime in Indonesia has given birth to a new approach that is no longer focused on the perpetrators of crime but on the assets resulting from their crimes, known as the follow the money method. In addition, the law enforcement instruments against illegal assets contained in the Money Laundering Law are actually sufficient to achieve not only assets resulting from criminal acts but also to their acquisition. Ideally, the assets resulting from the crime are returned to the victims of the crime through a court decision with permanent legal force ordering the seizure of assets for the state or returning them to those who are entitled. However, this cannot be seen from First Travel's decision which sentenced the Defendants to imprisonment and confiscated First Travel's assets for the state, which did not immediately solve the problem because this decision did not reach out to the recovery of the impact of the crime experienced by the actual victim.

PERAMPASAN ASET HASIL TINDAK PIDANA KORUPSI TANPA PEMIDANAAN (NON-CONVICTION BASED ASSET FORFEITURE) BERDASARKAN HUKUM INDONESIA DAN UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) 2003

Asset forfeiture is a solution to the problem asset forfeiture when a person cannot be criminally prosecuted on the grounds of death or cannot follow the criminal prosecution process as referred to in Article 77 and Article 83 of the Criminal Code of Indonesia. NCB Asset Forfeiture wants the seizure of assets resulting from corruption crimes without having to wait for a criminal verdict and is an alternative if a corruptor can’t criminally prosecuted. The regulation of asset seizure resulting from corruption by mechanism without criminalization in Indonesian law is stipulated in Article 32, Article 33, Article 34, and Article 38C of the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption Crimes while the arrangement of asset forfeiture resulting from corruption crimes by mechanism without criminalization to UNCAC is stipulated in Article 54 chapter (1) letter c UNCAC. The application of NCB Asset Forfeiture in Indonesia in addition to being implemented based on the Law on the Eradication of Corruption Crimes, the State Attorney must be able to prove there has been a real loss of state finances, financial losses of the country due to corruption crimes and there are guarantees from corruptors to facilitate the application of asset seizures resulting from corruption without criminalization.Keywords: Asset Forfeiture, Proceeds of Corruption, Without Criminalization, United Nations Convention Against Corruption.

Indonesia Regulation Authority of the State’s Attorney in Efforts to Restore State Financial Losses Due to Corruption Crimes

Indonesia Regulation Authority of the State Prosecutor's Office in Efforts to Restore State Financial Losses Due to Corruption Crimes. Corruption in Indonesia causes huge financial losses to the state. The replacement money regulated in Article 18 of the Indonesia Corruption Eradication Law as one of the additional crimes still leaves problems. This is because if the corrupt convict does not return the replacement money, the convict may be subject to a subsidiary prison sentence whose sentence does not exceed the principal sentence. However, Article 64 paragraph (2) of the Indonesia State Treasury Law states that criminal decisions do not exempt from demands for compensation. Therefore, the replacement money that has not been or is not paid by the corruption convict is still the state's financial receivables. The author sees that there is a limitation in the authority of the state’s attorney (the State Prosecutor) in an effort to recover state financial losses due to corruption due to conflict with the provisions in Article 18 paragraph (3) of the Law on the Eradication of Corruption Crimes with Article 64 paragraph (2) of the State Treasury Law. This paper is normative juridical research with a statutory approach, a conceptual approach, and a case approach. The results of this study are the existence of misconceptions in the limited authority of state attorneys in an effort to recover state financial losses due to criminal acts of internal corruption. This has implications for the accumulation of state financial losses in the form of replacement money that is not returned by the convict and becomes state financial receivables. Thus, it is necessary to strengthen the authority of state attorneys through the seizure of assets resulting from criminal acts of corruption through civil proceedings (civil procedure).

KEDUDUKAN GRONDKAART SEBAGAI BUKTI PENGUASAAN TANAH (Studi di PT. Kereta Api Indonesia (Persero) Kantor Devisi Regional IV Tanjung Karang)

Grondkaart or block maps are documents of evidence of ownership of assets which are assets for an institution or company that must be protected. There are several things that are still debatable regarding the position or legality of Grondkaart itself. One of the state companies that still uses Grondkaart as proof of ownership of its land assets is PT. Kereta Api Indonesia (Persero) or PT. KAI. Land assets of PT. KAI is the legacy of the Dutch railway company which was affected by nationalization, the land often causes disputes due to evidence of land ownership in the form of Grondkaart which is not regulated in Law Number 5 of 1960 and Government Regulation Number 24 of 1997. The rapid development of the current railway must be supported. with the security and management of assets as one of the main capital so that the seizure and control of assets of PT. KAI by unauthorized parties and illegally will not happen again. The problem of this research is how is the position of Grondkaart as proof of land tenure by PT. Kereta Api Indonesia (Persero) Tanjung Karang Regional Division IV Office according to Land Law in Indonesia, and What are the legal consequences of using Grondkaart as proof of land tenure by PT. Kereta Api Indonesia (Persero) Regional Division IV Tanjung Karang Office. This type of research is field research (Field Research) and is carried out descriptively, the problem approach is carried out by empirical juridical, the data used are primary and secondary data, data collection techniques are interviews, observation and documentation, data processing is done by editing, coding , Reconstructing, and Systematizing, then the data were analyzed qualitatively.Keyword:: Grondkaart, Railway, Land Law, Dispute

PERAMPASAN ASET HASIL TINDAK PIDANA KORUPSI TANPA PEMIDANAAN (NON-CONVICTION BASED ASSET FORFEITURE) BERDASARKAN HUKUM INDONESIA DAN UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC)

Asset forfeiture is a solution to the problem asset forfeiture when a person cannot be criminally prosecuted on the grounds of death or cannot follow the criminal prosecution process as referred to in Article 77 and Article 83 of the Criminal Code of Indonesia. NCB Asset Forfeiture wants the seizure of assets resulting from corruption crimes without having to wait for a criminal verdict and is an alternative if a corruptor can’t criminally prosecuted. The regulation of asset seizure resulting from corruption by mechanism without criminalization in Indonesian law is stipulated in Article 32, Article 33, Article 34, and Article 38C of the Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning the Eradication of Corruption Crimes while the arrangement of asset forfeiture resulting from corruption crimes by mechanism without criminalization to UNCAC is stipulated in Article 54 chapter (1) letter c UNCAC. The application of NCB Asset Forfeiture in Indonesia in addition to being implemented based on the Law on the Eradication of Corruption Crimes, the State Attorney must be able to prove there has been a real loss of state finances, financial losses of the country due to corruption crimes and there are guarantees from corruptors to facilitate the application of asset seizures resulting from corruption without criminalization. Keywords: Asset Forfeiture, Proceeds of Corruption, Without Criminalization, United Nations Convention Against Corruption.