Finland

  1. Under what circumstances can a stolen vehicle be seized in Finland?
    Alternative A :
  • According to the Finnish legislation, an object may be seized if there is a reason to presume that it may serve as evidence in a criminal case, it has been taken from someone through an offence, or it is likely to be confiscated by a court order (Coercive Measures Act, Chapter 4, Section 1).

If a vehicle stolen abroad is located in Finland, the police may also investigate the case as a suspected receiving offence providing that there is a reason to suspect that the owner or driver of the vehicle at the time has been aware in some way of the predicate offence. The police decide on seizure when investigating the case as a suspected receiving offence. The person, in whose possession the vehicle was located or under whose name it is registered, may appeal the seizure to court.

Alternative B :

  • Almost the same stipulations are applied to a vehicle stolen abroad and located in Finland, although there is no crime committed in Finland. Chapter 4, Section 15a of the Coercive Measures Act shall be applied to these cases. It is stipulated that the vehicle may be seized on the request of an authority of a foreign State, if it may serve as evidence in a criminal case processed by an authority of the foreign State presenting the request or it has been taken from someone by crime. An object may be seized also to enforce forfeiture.

When the police authorities decide on a seizure on the request of a foreign authority, the matter of seizure must be forwarded to a court for confirmation within a week. (Coercive Measures Act, Chapter 15a, Section 2).

Application of this particular legal provision requires a specific request from a foreign authority. Information on e.g. a vehicle reported stolen and investigated by the police in the respective country delivered by a foreign authority in one form or another can be interpreted as a request. If measures of seizure are taken in Finland, the foreign authority must give more specific information on the criminal case and the status of the investigation and to present a request for returning the vehicle to its legal owner.

  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • Information is delivered via Interpol, Europol or Schengen channels.
  1. Who is responsible for storage of seized vehicles (e.g. is it a private company or state administration, etc.)?
  • The police authority that made the seizure is responsible to take care for storing of the vehicle.
  1. Are there any costs associated with storage of a seized vehicle and who is responsible for these costs?
  • The Finnish government covers the costs.
  1. How does a stolen vehicle get restored to its legal owner?
    Do the police have authority to restore the vehicle?
  • Yes, if the seizure has not been appealed to court, see the question no 1.
    After the rescinding of seizure, the police will not surrender a seized object to anyone until the right of the ownership to the object is clear. When seizure is rescinded, the police return the seized object to its owner or to a party having the right to the object. An object may be surrendered to also to such representative of the owner, who is in Finland, e.g. Finnish Motor Insurers’ Centre. The right of the ownership has to be clear and indisputable. If it is disputable (processing a civil case), the object stays in the possession of the police, until the dispute over the better right to the object is decided. (Coercive Measures Act, Chapter 4, Section 17).

b) Is it the local court who authorises release of the vehicle?

  • Yes if the police do not investigate the case as a suspected receiving offence or a person involved has appealed the case to court. Note question 1, alternative B.

Is it necessary to have a “commission rogatoire” to recover the vehicle?

  • No.

What documentation does the owner have to provide in order to recover the vehicle?

  • A clarification by the authority of a foreign State is enough.
    The following information is to be given to the Finnish authorities, if so requested:

the object of the request
make
registration number
VIN (chassis no)
a brief summary of the criminal case and related facts
request for seizure
request for restoration of the vehicle
a clarification on the ownership

The information requested in necessary for the purposes of legal evaluation of the case consisting of making a decision whether the vehicle will be surrendered and, according to the Finnish legislation, to whom it should be surrendered.

  1. Are there any time limits associated with the recovery of the vehicle?
  • If the authority did not give information referred to under our reply to the question 5 (d), within the set time limit of three months, the vehicle may be surrendered to the party possessing it earlier.

The police authority or court will decide who the correct owner of the vehicle is. The owner is informed about the decision made in the case via Interpol, Europol, Schengen channels or directly, and the vehicle must be collected from the police within four months at the risk that the vehicle will be forfeited to the State or that it is surrendered to the party had the vehicle in good faith after the predicate offence was committed.

Time limits must be respected and foreign authorities are to give any and all requested information.

7. Please give details of relevant legislation

  1. If the law in your country precludes the restoration of a stolen vehicle to it original owner, please give reasons why
  • According to Finnish legislation, if an object shown to have been taken from the previous possessor through petty theft, theft, robbery or extortion and the person into whose possession it has come proves that he has received it good faith, he shall even so be given the object in question with a redemption (Decree of Enforcing the Penal Code, Section 11).

Regarding other offences (fraud, embezzlement, etc.), Finnish legislation protects a bona fide owner/possessor who had the vehicle in good faith and restoration of the vehicle is usually not possible.

  1. Does your country have any bi-lateral treaties, conventions or agreements with other countries?
  • Agreement of the Mutual Legal Assistance (EU 2000 / MLA).
  1. Please give a contact reference point
    National Bureau of Investigation
    POB 285
    FI-01301 – Vantaa
    Phone : +358 (0) 9 8388 6281 (24h)
    Fax : +358 (0) 9 8388 6299 (24h)
    E-Mail : krp-rtp-vlp@krp.poliisi.fi

Last update: January 2008.