Fabio Virzi, partner at ECIJA, analyses the asset recovery mechanisms in Spain in the ICC FraudNet Global Report 2025
In his contribution titled “Asset Recovery in Spain: Civil and Criminal Law Mechanisms,” Fabio Virzi, together with Óscar Morales, provides a detailed analysis of the Spanish legal framework for the recovery of assets linked to fraud, corruption, and economic crimes.
The article reviews the most relevant civil mechanisms, such as actions for civil liability, precautionary measures (preventive seizure, asset confiscation, injunctions), and tracing tools. It also highlights the importance of criminal proceedings, which allow for the confiscation of illicit assets and the use of broader investigative measures.
Virzi emphasizes that, although Spain has effective instruments, significant obstacles exist, such as the complexity of international corporate structures, the growing use of cryptocurrencies, the slow pace of judicial processes, and the need for greater international cooperation in the enforcement of judgments and precautionary measures.
The text also points to emerging trends in the practice of asset recovery: the use of digital and forensic technologies to trace financial flows, the regulation of virtual assets, and the need to strengthen the specialized training of judges, prosecutors, and lawyers in the field.
With this publication, ECIJA reinforces its international leadership in complex litigation and cross-border fraud, providing a practical view from Spain on how to simplify the complex and anticipate the challenges posed by economic crime in an increasingly digitalized world.
Consult the full publication here.