Procedures for Recovering Stolen Vehicles from Abroad (Europe)
| 1.
Under what circumstances can a stolen vehicle be seized in your country? |
- Under Article 211 of our Code of Criminal Procedure, a vehicle that was
acquired as a result of an offence such as smuggling, theft, fraud or document
forgery, may be temporarily seized and handed over to the judicial authorities
or to any other government law enforcement department.
If the documents pertaining to a vehicle from another country are forged
or if the vehicle's chassis number is false, a customs offence has been committed.
The vehicle concerned must be handed over to the appropriate customs department.
| 2.
What channels are used to notify the owner of the vehicle's location (Interpol
or other)? |
- The owner will be informed that his vehicle has been temporarily seized
in Bosnia either through Interpol channels or by his country's embassy or
consulate.
| 3.
Who is responsible for the storage of seized vehicles? |
- Under the Customs Code, all government departments (courts, police, etc.)
must declare all vehicles seized to the nearest customs office and handed
over to the appropriate customs office.
| 4.
Are there any costs associated with storage of a seized stolen vehicle and
who is responsible for these costs? |
- The owner is responsible for paying the cost of storage of a seized vehicle.
| 5.
How does a stolen vehicle get restored to its legal owner? |
- The owner must send a written request for restitution, enclosing:
* a document made out in his name establishing ownership of the vehicle
(registration document, invoice, etc.),
* a copy of the theft report made to a police department,
* a document issued by the company with which the vehicle was insured at
the time of the theft stating that compensation for the theft has not been
paid.
The vehicle may be recovered by someone acting on behalf of the owner if
he presents the documents listed above and has been duly authorized to take
possession of the vehicle by the appropriate department in the country where
the documents were issued.
While the stolen vehicle is in the hands of the police, the appropriate police
department must be contacted to request restitution.
When a judicial investigation is being conducted, only the examining magistrate
can authorize restitution of the vehicle.
| 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.)? |
- The owner of a vehicle that has been seized has three months, from the
date of notification, to recover his vehicle.
If the owner has not recovered or repatriated his vehicle within four months
of the day on which a written request was submitted to the embassy or consulate
of the country in which the vehicle is registered, the vehicle concerned will
be sold by auction, by the customs office or the Automobile Club.
| 7.
Please give details of relevant legislation |
- The seizure of stolen vehicles is governed by the provisions of the Code
of Criminal Procedure (ZPK) which state that the decision must be taken by
an examining magistrate under the conditions defined by law.
Items of property which are seized under the provisions of the Penal Code,
or which could be used as evidence in criminal proceedings, are seized as
a temporary measure and handed over to the judicial authorities or to another
government law enforcement department (ZPK Article 211).
Under the provisions of the ZPK, the police are authorized to seize items
of property temporarily before judicial investigations begin, but only in
urgent cases where it is suspected that an offence has been committed or by
virtue of a judicial warrant.
| 8.
If the law in your country precludes the restitution of a stolen vehicle
to its original owner, please give the reasons why |
- If a stolen vehicle is discovered in the possession of a person who acquired
it in good faith, the appropriate Bosniac court will take a decision about
its restitution.
| 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 |
- No.
| 10.
Reference point, for assistance in case of difficulties |
- NCB Sarajevo
Last update : June 1997
