Instrumentation of precautionary seizure

The change in the characteristics of delinquency from a perspective of classis criminal law to globalized criminal law has required a change in institutional  responses to it.; in that sense, more than in just the restriction of the individual  freedom,  the emphasis  has been  placed  on in the  pursuit  of the patrimonial  benefits  obtained through  the  criminal  activity. It has moved into the area of recovery and reconceptualization of property subject to forfeit. This requires an examination of the use and effectiveness of preventative or precautionary measures. In regard to the last point,  it is the  object  of  this  article,  when examining  the  Colombian  law on the matter, to contras it with that of the Spanish law, and to evaluate their effectiveness as a tool of state criminal policy.