Bibliographic citations
Cueva, C., (2023). La resolución judicial que convalida el Congelamiento Administrativo de Fondos: posibilidad y legitimidad de presentar impugnación ante su otorgamiento o denegatoria [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/25235
Cueva, C., La resolución judicial que convalida el Congelamiento Administrativo de Fondos: posibilidad y legitimidad de presentar impugnación ante su otorgamiento o denegatoria []. PE: Pontificia Universidad Católica del Perú; 2023. http://hdl.handle.net/20.500.12404/25235
@mastersthesis{renati/538023,
title = "La resolución judicial que convalida el Congelamiento Administrativo de Fondos: posibilidad y legitimidad de presentar impugnación ante su otorgamiento o denegatoria",
author = "Cueva Morales, Carlos",
publisher = "Pontificia Universidad Católica del Perú",
year = "2023"
}
The Administrative Freezing of Funds (CAF) is a limiting measure of property rights, which can be applied by the Financial Intelligence Unit of Peru (UIF Peru), exceptionally, when it deems, in a very preliminary way, that certain assets come from or are bounded to money laundering activities. This is a provision in which, without a Court Order, but in a sustained manner, an administrative authority orders to financial entities and other compelled subjects to freeze the funds of a natural or legal person involved in an investigation by the UIF Peru or the Public Prosecutor. This measure is subject to be confirmed by the Court, in the very short term of 24 hours. The purpose of the CAF is to stop the flow of funds that may be related to acts of money laundering, as well as to preserve the evidence for the corresponding investigation process and give to the Public Prosecutor the chance to request the Court to impose a substitute coercive measure. In this paper it is argued that, although the CAF supposes the affectation to the property right, that affectation is partial, and it is justified within the framework of the effort that the State must develop for the investigation and the fight against the crime of money laundering. On the other hand, there are justified reasons for the procedure for issuing the freezing of funds and their judicial validation to be carried out unheard of with respect to the people affected by said measure. Finally, under international treaties, the Political Constitution of Peru, the Criminal Procedure Code and other applicable regulations, the people affected by a CAF measure have the right to be aware of said measure and to exercise their right to defense, through the Appeal of the judicial resolution that provides for the confirmation of the freezing. In such a case, said appeal should only review the aspects specifically indicated in the law that regulates the CAF, as a necessary condition for its issuance, without having a debate. On the other hand, in case of refusal of the judicial confirmation of the CAF, the UIF Peru has the legitimacy to appealsaid decision.
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