- Under what circumstances can a stolen vehicle be seized in your country?
- Under Croatian law, a motor vehicle is seized if it is connected with a crime or a customs violation.
If it is connected with a crime, it will be temporarily seized and kept in court custody or secured in some other way under Article 201 of our Code of Criminal Procedure.
If it is the subject of a customs violation, it will be seized and handed over to the appropriate Customs office under the Croatian Customs Act.
- What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
- All correspondence relating to the status and origin of the vehicle is transmitted through Interpol and the owner is informed of how to recover his vehicle in the same way.
- Who is responsible for the storage of seized vehicles?
- Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
3.-4. The collection, storage and sale of seized motor vehicles and their parts are undertaken by the Croatian Automobile Association on the instructions of the Croatian Customs Administration.
Currently, the charge for storing a vehicle in a Croatian Automobile Association guarded car park is DEM 10 or 11 per day, payable in Croatian kunas at the exchange rate given by the Central Bank of Croatia on the day on which the vehicle is collected.
- How does a stolen vehicle get restored to its legal owner?
a) Do the police have authority to restore the vehicle?
If a seized vehicle is not registered in Croatia or if it was found in the possession of the person reported as having committed the crime with which the vehicle is connected, the appropriate police department will issue an instruction to the appropriate Customs Office which will take a decision and return the vehicle to its lawful owner.
b) Is it the local court who authorises release of the vehicle?
If the vehicle is found in the possession of someone who acquired it in good faith, it will be up to a court to take decisions on its seizure and recovery.
c) Is it necessary to have a “commission rogatoire” to recover the vehicle?
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d) What documentation does the owner have to provide in order to recover the vehicle?
The lawful owner or his authorized representative must produce proof of ownership of the vehicle and a certificate attesting to the fact that no insurance compensation has been paid if the vehicle is insured. All documents should be translated into Croatian and stamped by the appropriate authorities.
- 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.)?
- Please give details of relevant legislation
6.-7. Under Croatian Customs legislation, a vehicle released to its owner in another country must be exported from Croatia within three months of the date on which the owner was notified of the procedure he should follow to recover it.
If the vehicle is not exported from Croatia by that date, the Croatian Customs Administration decides that the vehicle is public property and it can be sold to the public in order to recover storage and guarding costs.
- If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
- This question has been partially answered under Point (5).
Only a court can decide whether a purchaser acted in good faith and decide on what should be done with a vehicle found in such circumstances.
- 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
- So far, Croatia has signed agreements on police co-operation with Albania, Austria, Bavaria, Italy, Ukraine, Turkey and Former Yugoslav Republic of Macedonia and is preparing to sign similar agreements with several other countries.
The agreements signed so far cover a wide range of police co-operation activities but do not contain specific provisions on the recovery of stolen property. The problems that arise are usually solved on a case-by-case basis under the legislation of the countries concerned.
- Reference point, for assistance in case of difficulties
- Interpol Zagreb
Last update : June 1997