Key data
| Regulation | Resolution of 10 July 2026, from the State Secretariat for Justice, publishing the Agreement with the General Council of the Judicial Power, regarding collaboration and support for the functioning of the Office for Asset Recovery and Management |
|---|---|
| Publication | 15 July 2026 |
| Entry into force | 15 July 2026 |
| Affected parties | Judges, magistrates, prosecutors, crime victims and investigated criminal organizations |
| Category | Public Sector |
| Year | 2026 |
| European framework | Directive 2014/42/EU on the freezing and confiscation of crime-derived instruments and proceeds |
| Official source | BOE-A-2026-15437 |
The management of assets confiscated from criminal organizations in Spain takes a decisive step. The agreement formalized between the General Council of the Judicial Power (CGPJ) and the Ministry of Justice, published in the BOE on 15 July 2026 (reference BOE-A-2026-15437), establishes a framework of reinforced collaboration so that the Office for Asset Recovery and Management (ORGA) operates with greater efficiency and speed.
Until now, the dispersion of competencies between the judicial and executive branches made it difficult to quickly locate assets and manage seized assets that depreciated while awaiting judicial resolution. This agreement closes that operational gap.
What does this regulation establish?
The agreement articulates five concrete measures that transform the functioning of ORGA:
| Measure | Detail |
|---|---|
| Access to the Judicial Neutral Point | ORGA will be able to consult the Judicial Neutral Point to locate the assets of investigated persons. It requires prior judicial authorization in each case. |
| Early sale of seized assets | The liquidation of assets is promoted when their preservation is costly or when the asset depreciates over time (vehicles, machinery, perishable goods, etc.). |
| Destination of funds obtained | The income generated will be allocated to compensate victims of the criminal process and to finance social projects. |
| CGPJ participation in the Adjudication Commission | The CGPJ is incorporated into the Adjudication Commission for assets derived from crime, strengthening judicial supervision of the process. |
| European reference framework | The measure aligns with European Directive 2014/42/EU on the freezing and confiscation of crime-derived instruments and proceeds in the European Union. |
Access to the Judicial Neutral Point is especially relevant: this platform centralizes patrimonial and registry information that ORGA could not previously consult directly. With the new authorization—always under judicial authorization—the location of accounts, real estate and other assets linked to investigated persons is expedited.
Economic and operational impact
The impact of this agreement is not direct on private companies in the form of cost or fee, but it does have relevant operational and economic consequences for the actors in the judicial system and for investigated organizations:
- Reduction of depreciation losses: The early sale of seized assets prevents assets such as vehicles, machinery or goods from losing value while criminal proceedings that can last years are processed. The State—and ultimately victims—recover more value.
- Higher recovery rate of illicit assets: Access to the Judicial Neutral Point allows hidden or dispersed assets to be located more quickly, increasing the total amount recovered in each process.
- Funds for victims: Income from the sale of confiscated assets is channeled directly towards compensation for victims of the criminal process and towards social projects, creating a circuit for social reinvestment of illicit assets.
- Greater judicial supervision: The incorporation of the CGPJ into the Adjudication Commission adds a layer of control that strengthens the legitimacy and transparency of the process of adjudication of confiscated assets.
In terms of regulatory alignment, the agreement responds to the requirements of Directive 2014/42/EU, which obliges Member States to have effective mechanisms for managing seized and confiscated assets, preventing their deterioration or loss of value during criminal proceedings.
Who does it affect?
- Judges and magistrates: They must expressly authorize each ORGA access to the Judicial Neutral Point. Their role of control in the asset investigation phase increases.
- Prosecutors: They will be able to rely on ORGA with greater capacity to locate assets to support requests for seizure and confiscation.
- Crime victims: They benefit directly from the new destination of funds obtained: faster and better-funded compensation.
- Criminal organizations and investigated persons: Assets linked to criminal activities will be locatable with greater effectiveness and can be liquidated early, reducing economic maneuvering capacity during the process.
- Administration of Justice (CGPJ and Ministry of Justice): Both bodies assume new responsibilities for coordination and supervision within the framework of the agreement.
- Third sector entities and social projects: Potential beneficiaries of funds generated by the sale of confiscated assets allocated to social projects.
Practical example
Imagine a criminal process for drug trafficking in which a fleet of 12 high-end vehicles valued at 600,000 euros at the time of seizure is seized. Without the new agreement, those vehicles would remain immobilized in storage during the years the process lasts, losing value through depreciation and generating custody costs.
With the new framework:
- ORGA, with judicial authorization, accesses the Judicial Neutral Point to locate whether the investigated person has more assets (accounts, real estate, corporate interests).
- Upon detecting that vehicles depreciate rapidly, the judge authorizes the early sale of the fleet for 540,000 euros.
- That amount is held in escrow and, once the sentence is final, is allocated partly to compensate victims of the crime and the rest to social projects defined by the Adjudication Commission, in which the CGPJ now participates.
The result: greater value recovered, lower custody costs and more effective reparation for victims.
What should organizations do now?
- Criminal law firms: Review defense procedures in cases with a patrimonial component. ORGA now has greater capacity to locate assets; anticipating that investigation is key to effective defense.
- Prosecutor's offices and judicial bodies: Update internal protocols to manage requests for access to the Judicial Neutral Point and coordinate with ORGA on cases of early sale.
- Third sector entities: Be alert to calls from the Adjudication Commission to access funds generated by confiscated assets allocated to social projects.
- Companies with assets seized in criminal proceedings: Consult with specialized legal advice if any seized asset could be subject to early sale under the new framework, and assess whether it is appropriate to object or negotiate conditions.
- Crime victims with active criminal proceedings: Inform yourself about the new destination of confiscated asset funds and the mechanisms to request compensation through the criminal process.
Frequently asked questions
What is ORGA and what exactly does it do?
The Office for Asset Recovery and Management (ORGA) is the Spanish body responsible for locating, seizing, managing and liquidating assets of illicit origin linked to criminal proceedings. With this agreement, it expands its operational capacity by being able to access the Judicial Neutral Point—always with prior judicial authorization—to locate the assets of investigated persons.
What is the Judicial Neutral Point and why is this access relevant?
The Judicial Neutral Point is a technological platform that centralizes patrimonial and registry information useful for judicial bodies. Until now ORGA could not consult it directly. With the new agreement, it will be able to do so with prior judicial authorization, which expedites the location of accounts, real estate and other assets linked to persons investigated for crimes.
When can a seized asset be sold early?
According to the agreement, the early sale of seized assets is promoted when their preservation is costly for the State or when the asset depreciates over time. Typical examples: vehicles, machinery, perishable goods or technological assets. The decision requires judicial authorization.
Where do the funds from the sale of confiscated assets go?
The funds generated by the sale of seized or confiscated assets are allocated to two purposes: compensating victims of the criminal process and financing social projects. The Adjudication Commission—in which the CGPJ now participates—is the body that decides the specific distribution.
What is the relationship between this agreement and European regulations?
The agreement is framed within European Directive 2014/42/EU, which obliges EU Member States to have effective mechanisms for the seizure and confiscation of crime-derived instruments and proceeds, including active management of assets during the process to prevent their deterioration or loss of value.
Official source
Consult complete regulation in official source (BOE-A-2026-15437)
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-15437