Investigación sobre el estado del ataque de activos en el norte de México. Investigación financiada por el Consorcio.
Public policies against criminal assets in mexico: challenges and opportunities from the north border states.
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.
Editorial: Mexican Law Review
Within a national system of control of criminal assets, the role of municipalities is strategic. According to their constitutional faculties, municipalities should develop and feed databases containing relevant information that contributes to the control of the criminal patrimonial and economic structures. An analysis of primary and secondary sources of information was used to identify the databases that are generated or that should be generated by the municipalities, considering the functions and powers that the constitution, laws, and regulations assign to each of the dependencies that integrate the municipal government. Although some municipal agencies keep track of their activities using databases, they do not have a structure that allows the exploitation of information. Moreover, some municipalities do not have structured public policies aimed at combating the patrimonial and economic structures of crime. Finally, municipalities are an important source of information that can contribute to law enforcement structures in the development of investigations aimed at weakening the financial and patrimonial structures of crime. This article shows the importance and utility of municipalities in the combat against assets generated by crime and the need to implement public policies intended to weaken the economic and patrimonial criminal structures. Currently, there are no previous studies on this subject in the national literature.
Editorial: Percorsi Penali
This paper addresses the situation of the attack on criminal assets in four states in the northern region of Mexico, based on a regional analysis of the Mexican public policy meant to combat financial structures of criminals: extinction of domain. We evaluates the legal tools that must be implemented by the states to change the way crime has been fought in the region. The challenges faced by the studied states could be identified and discussed with the new regulatory framework issued by the federation. We advise on the promotion of a policy to reinforce the government institutions in charge of attacking the criminal assets in a way that the fight against these economic structures is effective at all levels of government.