CHILE Trends and Developments Contributed by: Jorge Cabrera, Jaime Winter and Felipe Berríos, Winter Etcheberry
or third parties’ private assets in full before claiming the proceeds of forfeiture. Equally, the Treasury may plead the “exception of negligent enforcement” if it can demonstrate that the impossibility of payment arose from the victim’s own dilatoriness or procedural incompetence in seiz - ing assets in a timely manner. Finally, the state may refuse payment by raising the “lack of a direct causal link”, severing the normative causal nexus between the damage claimed and the state’s gain obtained through forfeiture.
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