Procedures for Recovering Stolen Vehicles from Abroad (Europe)
| 1.
Under what circumstances can a stolen vehicle be seized in your country? |
(a) When the vehicle was obviously stolen or misappropriated, as specified
in the relevant regulations of the Law Enforcement Code, and
(b) For reasons of preservation of evidence upon order of the competent court,
as specified in § 143 of the Code of Criminal Procedure.
| 2.
What channels are used to notify the owner of the vehicle's location (Interpol
or other)? |
- Interpol channels and within Schengen countries SIRENE channels
| 3.
Who is responsible for the storage of seized vehicles? |
- The public authorities but also private companies
| 4.
Are there any costs associated with storage of a seized stolen vehicle and
who is responsible for these costs? |
- Any costs incurred are normally paid by the victim, who can then seek redress
from the offender.
| 5.
How does a stolen vehicle get restored to its legal owner? |
- The procedure is, in principle, a simple one. If ownership is not disputed,
the vehicle can be collected from where it is being stored.
a) Do the police have authority to restore the vehicle?
- In principle - yes
b) Is it the local court who authorises release of the vehicle?
- In principle - yes
c) Is it necessary to have a "commission rogatoire" to recover
the vehicle?
- In principle - no
d) What documentation does the owner have to provide in order to recover
the vehicle?
- Registration certificate (or an equivalent document, such as the German
"Fahrzeugschein", with a view to providing evidence of ownership)
and a copy of the theft report (if possible with translation and certification).
If the vehicle is collected by a person other than the owner, written authorization
also has to be submitted.
| 6.
Are there any time limits associated with recovery of the vehicle? (i.e.
after a certain period of time the vehicle becomes the property of the state
or police, etc.)? |
- In principle - no
| 7.
Please give details of relevant legislation |
- The relevant legislation is, as indicated above:
Paragraph 22 of the Law Enforcement Code (among other things, this paragraph
lays down the conditions of seizure by an authorized official); Paragraph
143 of the Code of Criminal Procedure (court rules regarding the preservation
of evidence).
| 8.
If the law in your country precludes the restitution of a stolen vehicle
to its original owner, please give the reasons why |
- The Austrian law defines acquisition in good faith (e.g. of stolen property)
very narrowly. For example, the purchase at public auction or from an authorized
seller according to §367 of the Austrian Civil Code. Such situations,
however, rarely occur in the vehicle sector - if at all - so that acquisition
in good faith can normally not be pleaded.
| 9.
Does your country have any bilateral treaties, conventions, or agreements
with other countries dealing with the recovery of stolen property? If so,
please describe how they operate and give details of the countries concerned |
- Austria is a party to the European Convention on Extradition and Mutual
Assistance in Criminal Matters. There are, furthermore, numerous bilateral
and multilateral agreements - in particular in the form of additional agreements
(e.g. with Germany, Switzerland, Italy, etc.). In some cases, the principle
of reciprocity is applied (e.g. with Russia).
| 10.
Reference point, for assistance in case of difficulties |
- Rupert SPRINZL, head of the department for vehicle crime,
tel. 0043/1/24836/85330
fax 0043/1/24836/951313
Last update: January 2008
