What happens to assets seized in drug trafficking crimes

Automatic summary, not yet reviewed

1. The law regulates the fate of assets, items and instruments that courts seize in drug trafficking and drug smuggling crimes, and that become State property. It also includes money obtained from penalties related to the fight against drug trafficking.
2. It creates a State fund with those seized assets. The money goes to drug addiction prevention programs, help for drug addicts, social and job reintegration, the fight against drug crimes, and international cooperation.
3. Recipients of the fund include the Government Delegation for the National Plan on Drugs, autonomous communities, local governments, NGOs, security forces, Customs, the special anti-drug prosecutor's office, and international organizations or foreign governments. At least 50 percent of resources must go to prevention, assistance and reintegration.
4. Seized assets that are not money are generally sold, and the proceeds go into the fund. Only in exceptional, justified cases can they be transferred free of charge to beneficiaries. The Adjudication Coordination Board can also order the abandonment or destruction of assets in certain cases.
5. Courts must notify the president of the Adjudication Coordination Board of final seizure rulings within a maximum of three days, and cooperate in identifying and locating the seized assets.
6. The Adjudication Coordination Board, a body within the Ministry of the Interior, manages the fund: it identifies, sells and assigns the assets, and distributes the money among beneficiaries. Its activity is overseen through an annual report to the Cortes Generales (Spanish Parliament) and audits by the Court of Accounts.

Who it affects

• People convicted of drug trafficking crimes: Their seized assets, items and instruments permanently become State property and enter the fund.
• Autonomous communities and local governments: They can receive fund money for their drug plans and to equip their police forces.
• NGOs and nonprofit organizations: They can receive funds for prevention, assistance and reintegration programs for drug addicts.
• Judges and courts: They must notify seizure rulings to the Board within three days and cooperate in identifying and handing over the assets.
• Security forces and Customs: Assets they were using temporarily can be permanently assigned to them, and they can receive material resources from the fund.

Words worth knowing

Comiso

A measure by which a court takes away someone's assets and assigns them to the State.

Sentencia firme

A court ruling that can no longer be appealed and is therefore final.

Enajenar

To sell or transfer ownership of an asset.

Inembargable

Cannot be seized, that is, cannot be taken as security for payment of a debt.

Órgano colegiado

A group of several people who make joint decisions, such as the Adjudication Coordination Board.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries