Embargo preventivo y comiso en los delitos de tráfico de drogas y otros delitos relacionados: presente y ¿futuro?

Abstract

In this work we perform an analysis of the regulation seizure in drug trafficking offenses referred to in art. 374 of the Draft Criminal Code Amendment 2013. Since abolition of certain special rules currently contained in art. 374 CP is a result of the forecast of freezing, early provisional use and disposal referred to in the two first paragraphs of art. 127 six PrCP, we study this new rule and amendments to the articles of the Criminal Procedure Act that regulate such measures, taking into account the provisions of the Proposal for a Directive on the freezing and confiscation of proceeds of crime in the European Union of March 12, 2012. We also deal certain aspects of the regulation of confiscation referred to in the Act Organic suppression of smuggling , as amended by Law6/2011 of 30 June, the debate about the relationship have reopenedbetween the crimes of drug trafficking and smuggling.