Fundamentos criminológicos y evolución del decomiso como estrategia político-criminal contra la "delincuencia del beneficio"

Abstract

This article analyses the criminological foundations of confiscation of the proceeds of crime and the international evolution of this figure in recent decades within the framework of the political-criminal strategy aimed at recovering assets from criminal activities. To this end, a qualitative model based on doctrinal analysis and comparative criminal policy has been followed as research methods. The article shows the growing importance of confiscation as a situational prevention tool, focusing on the absorption of criminal assets to discourage the so-called “profit crime.” The most recent modality is analyzed, the “confiscation of unexplained assets linked to criminal behavior,” introduced by Directive (EU) 2024/1260, as a resource to improve the effectiveness of asset recovery.