Belgium

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • All stolen and misappropriated vehicles and all vehicles used to commit offences can and must be seized.
  • All vehicles whose particulars have been circulated by Interpol or which are recorded on the SIS network must be seized if seizure is requested.
  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • When a vehicle recorded on the SIS network is found, SIRENE reports the fact to the police department which entered its particulars and that police department informs the vehicle’s owner of where it was found and how it can be recovered.
  • In the case of a vehicle which is not recorded on the SIS network, the same procedure is applied but Interpol channels are used.
  1. Who is responsible for the storage of seized vehicles?
  • Generally speaking, a vehicle that has been seized must be taken to the registry of the criminal court of the judicial district in which it was found. This always happens when the vehicle was used to commit an offence. However, a stolen or misappropriated vehicle may, with authorization from the public prosecutor’s office, be stored by the police at a municipal pound or at a private garage until it is restored to its owner.
  • In some cases, a vehicle may be left where it is found but immobilized by clamping one of its wheels.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • If the vehicle is stored in a private garage, the owner or his insurance company is responsible for paying the cost of such storage. One or the other may then make a claim against the thief if the latter is solvent.
  1. How does a stolen vehicle get restored to its legal owner?
    Do the police have authority to restore the vehicle?
  • Yes
    Is it the local court who authorizes release of the vehicle?
  • Either the public prosecutor or the court (especially if the vehicle is an item of evidence), depending on how far proceedings have gone, may authorize release of the vehicle. The written authorization is attached to the document constituting a receipt for restitution.
    Is it necessary to have a “commission rogatoire” to recover the vehicle?
  • In theory no, except in cases where a vehicle that has been seized as an item of evidence has to be handed over to a foreign police department in connection with the latter’s investigations (cases provided for in bilateral judicial assistance treaties).
    What documentation does the owner have to provide in order to recover the vehicle?
  • Proof of ownership and, if the vehicle is roadworthy, the documents needed by the driver (registration and insurance papers : originals or authenticated copies). If an insurance company becomes the owner of the vehicle and has it repatriated by a specialized company, it must provide the company with proper authorization to act on its behalf.
  1. 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.)?
  • If a vehicle is being kept at a court registry, the registrar must send a registered letter to the owner inviting him to recover his property within three months. Once that period has elapsed, the vehicle becomes government property (cf. ministerial circular of 7th April 1995). If a vehicle is being kept by the police, the equivalent period is six months (Article 3 of the Law of 3rd December 1975).
  1. Please give details of relevant legislation.
  • For seizures: Article 42 of the penal Code; Articles 35 and 89 of the Code of criminal procedure
  • For special confiscations: Article 17 of the Constitution and Articles 7, 42, 43 and 43bis of the penal Code
  • Seals / Vehicles seized within the scope of criminal or correctional files: Royal Decree of 28th December 1950, which regulates the legal fees in repressive matters (M.B. of 30.12.1950).
  • Royal Decree No. 260 of 24th March 1936 on safekeeping at court registries and the procedure for restoring property seized in connection with criminal proceedings.
  • Law of 30th December 1975 on the safekeeping of property in an administrative context.
  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why.
  • If, when the vehicle is found, it has already been purchased in good faith (e.g. for a reasonable price, from a garage or someone who can be identified) it can only be restored to its original owner by a court decision or with the new owner’s agreement and with a refund of the price he paid.
  1. 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.
  • Belgium has not signed any treaties, conventions or bilateral agreements on the restitution of stolen property.
  1. Reference point, for assistance in case of difficulties.
  • NCB Brussels

Last Update: June 2008