Application of the asset forfeiture law by peru's anti-drug directorate

Abstract

In Latin America, asset forfeiture has become established as a mechanism for neutralizing assets of illicit origin, and in Peru it is linked to international commitments against organized crime and money laundering. The purpose of the study was to analyze the implications of its application in DIRANDRO, based on the theory of asset recovery, which emphasizes confiscation even without conviction and the defunding of criminal organizations. Methodologically, an interpretive paradigm and a phenomenological-hermeneutic design were adopted, using an inductive method and data collection through semi-structured interviews; qualitative analysis was based on coding and visual resources. The findings show that the actors' experience is organized around “dominion/extinction,” “law,” and “process,” evidencing an experience centered on asset deprivation and its stages. Adequate overall knowledge is reported, but uneven in precision, with a need for training and protocols for precautionary measures. Coordination is asymmetrical (fluid with the Public Prosecutor's Office, but slow with the UIF and fragile within the PNP). The application allows for the recovery of relevant assets via PRONABI, although gaps in strategy and standardization persist. These tensions are interpreted in line with background information describing gaps and challenges in implementation and guarantees.