La aplicación retroactiva del decomiso directo de ganancias

Abstract

The text examines the constitutionality of the retroactive application of legislation that allows for the direct confiscation of proceeds from criminal activities under articles 127, 127 bis, and 127 ter of the Spanish Penal Code. To this end, it examines both supporting and opposing doctrinal and jurisprudential arguments regarding the retroactivity of the confiscation of proceeds in comparative law and within the Spanish legal system. Despite the lack of doctrinal consensus, it is concluded that profit confiscation does not have a punitive or sanctioning nature. Its aim is to neutralize illicit enrichment, and therefore, its retroactive application does not violate the principle of non-retroactivity of unfavorable criminal laws or the principle of legal certainty.