Procedure

The Public Prosecutor's Office, either ex officio or upon receiving a complaint:

Will initiate the investigation when it concerns assets related to corruption, money laundering, terrorism financing, drugs, and other transnational crimes.
Will direct the investigation according to the provisions of Articles 20 and 21 of the Organic Law of Asset Forfeiture (LOED).

Objective of the Asset Forfeiture Process

Identify, locate, and pinpoint the assets and property effects subject to asset forfeiture as specified in Article 8 of the LOED.
Establish that the requirements for asset forfeiture are met.
Identify the apparent owners of the assets subject to forfeiture in order to summon them to the process.
Prove the link between the apparent owners and the asset forfeiture case.

The Law requires the Public Prosecutor's Office to request the sworn declaration of assets from the Comptroller General of the Republic in cases related to corruption.
For assets linked to other illicit activities, the Public Prosecutor's Office may present any relevant evidence, provided it is obtained legally and respects human rights.
The Public Prosecutor's Office, in collaboration with auxiliary justice bodies, may request information directly from state authorities or jurisdictions where the assets are located or suspected to be, even if in another territory.
The Public Prosecutor's Office may also travel abroad for investigations, and the information or documents obtained can be presented as evidence before the competent court. For actions abroad, the support of the General Prosecutor’s Office may be requested.

From the start of the process, if necessary and urgent to secure an asset, precautionary measures may be adopted, such as:
- Prohibition of alienation and encumbrance.
- Preventive seizure or confiscation.
- Forfeiture, with procedural framework provided by the law.
- Other unnamed precautionary measures.

The Public Prosecutor's Office will formally request precautionary measures before the Asset Forfeiture Judge, whose jurisdiction has been assigned to the Civil Courts of the Metropolitan Area of Caracas according to the Supreme Court Resolution 2023-0002.

24 HOURS. The Asset Forfeiture Judge will immediately notify the National Service for the Administration and Disposal of Secured, Seized, Confiscated, and Forfeited Assets, as well as SUDEBAN and SAREN.

According to the Law, the Public Prosecutor’s Office has two (2) months to pursue the asset forfeiture action. If the forfeiture is not presented, the precautionary measures requested will immediately lapse, meaning that the process will apply the lapse of measures.
The period for gathering evidence does not expire but is conducted alongside the precautionary measures requested.

This process will only conclude with a reasoned order issued by the Public Prosecutor's Office, who will present the action before the competent court or proceed with filing it, as appropriate. However, the filing of proceedings does not imply the conclusion of the investigation; it does not equate to a final judgment. According to the law, if the case is filed, the regulation does not stipulate what happens to the assets.
However, if a favorable decision is made establishing apparent ownership, it generates a final judgment, meaning it has the force of a final and conclusive sentence according to the law.
The Public Prosecutor may also withdraw from the action after presenting it to the specialized court, as outlined in the law.

Once admitted, the specialized court has three (3) days to issue its ruling according to the law, notifying the apparent owners. It is important that an appeal can be filed against the admission order. If notification cannot be carried out within these terms, the court will proceed with telematic notice as specified in the mentioned article, with the court having five (5) days to notify, and if unable to notify, will have three (3) days to appoint a defender ad litem.

This must be held within no less than ten (10) days and no more than fifteen (15) days, according to Article 32 of the LOED. In this case, apparent owners may present evidence up to three (3) days before the preliminary hearing.
The Public Prosecutor may withdraw from the action, in which case the specialized judge will lift the previously agreed precautionary measures according to Article 33 of the LOED.
After this hearing, the judge, always in the presence of the parties, will resolve regarding:
- Nullities and impediments.
- Legitimacy, interest of interveners, and determining who will be part of the trial.
- The appeal against the admission of the action and observations and other formal issues raised.
- The admissibility of the evidence presented, ordering those deemed pertinent, relevant, and useful.

This hearing will take place within fifteen (15) continuous days following, according to Article 34 of the LOED.
During the substantive hearing, the evidence presented and admitted will be debated, each party will state their requests, present their arguments, etc. At the conclusion of this hearing, the judge must issue the sentence on the same day, meaning no delay in the decision; it will be pronounced on the same day as the substantive hearing.

Appeals may be filed against decisions with revocation (acts of mere processing), i.e., those orders that do not end the process or prevent its continuation, and appeals (against the filing of the action, nullity of the process, denial of evidence, and final sentence). All according to Articles 41, 42, and 43 of the LOED.

Last updated 13 days ago