Germany

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • A vehicle may be seized in Germany if:

it disappeared as the result of an offence (theft, misappropriation, fraud, etc.) or for another reason,
it was used in connection with the commission of an offence and may therefore be of importance as evidence.

  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • In most cases, when a German vehicle has been found in another country the German police are informed through Interpol channels, via our NCB in Wiesbaden. However, such information is also sometimes conveyed by “vehicle repatriation services” or insurance companies.

The police department which asked for a search for the vehicle concerned is always immediately informed of the fact that the vehicle has been seized. That police department must forward the information to the lawful owner or, if the latter has been compensated, to the insurance company, and suggest that the owner or company exercise their rights. The lawful owner is then responsible for recovering and repatriating the vehicle.

  1. Who is responsible for the storage of seized vehicles?
  • If a vehicle reported as missing is found in Germany, the police are responsible for storing it. If the police department concerned has room to store it, that department keeps it until its owner comes to claim it. If it does not have room, the police department can arrange for the vehicle to be stored by a private company or other institution until it is recovered by its owner.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • The costs associated with storage, whether by the police or by a private company (including any towing costs, etc.) must be paid by the owner – generally when the latter comes to recover the vehicle.
  1. How does a stolen vehicle get restored to its legal owner?
  • The procedure for returning a vehicle to its lawful owner varies, depending on why the vehicle was seized.

a) Do the police have authority to restore the vehicle?

  • If the search for the vehicle was requested to “safeguard the property” or in order to identify its passengers, the police are responsible for seizing and keeping it and may decide on their own initiative to return it to the owner.

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

  • If a vehicle’s seizure is requested in order to preserve evidence or with a view to confiscation, the police must inform the public prosecutor that the vehicle has been found and seized. In such cases, it can only be returned to its owner on the basis of a decision taken by the public prosecutor or by a court.

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

  • In the cases referred to under (b) above, a letter rogatory must be sent to the German judicial authorities to ask for the release of the vehicle.

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

  • Generally speaking, the following documents must be produced for a vehicle to be returned to its lawful owner:

a document justifying ownership (sales contract or vehicle document proving ownership)
Certified copy and translation of the complaint registered showing that the vehicle’s disappearance was reported
The vehicle’s registration documents
Proof of insurance if appropriate
The person wishing to recover the vehicle must present an official identity document (passport or identity card). If the owner does not come in person and asks a third party to recover the vehicle, the latter must also present a power of attorney translated into German and certified.

  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.)?
  • A seized vehicle becomes the property of the tax authorities if:

Its lawful owner renounces all claims to it
Its lawful owner fails to take steps to recover it within a reasonable time in spite of having been asked to do so on several occasions. Such cases usually arise when a time-limit has been expressly set and has expired.

  1. Please give details of relevant legislation
  • Germany is a federal country composed of 16 States (Länder). Under our Constitution, the Länder are responsible for most police matters and for police law. Each one, therefore, has adopted its own laws on police matters and its own administrative regulations which, among other things, govern the restitution of property. There are not, however, many differences between the regulations in the various Länder and it would be impossible for us to give them all in detail in this document.
  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
  • Acquiring stolen property in good faith is impossible under German law: this principle is laid down expressly in the chapter of the German Civil Code dealing with property and ownership rights. Anyone who acquires a stolen vehicle, even if he appears to have done so in good faith, must return the vehicle to its lawful owner if asked to do so.
  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
  • The Federal German Republic has concluded bilateral agreements or conventions on all sorts of legal points with a whole host of other countries. We do not know exactly which of these agreements and conventions contain provisions relating to the recovery of stolen property.

So far we have never had a case where the problem of returning stolen property proved insoluble.

  1. Reference point, for assistance in case of difficulties
    NCB Wiesbaden
    SO 41
    D-65173 Wiesbaden
    Allemagne
    Phone: 0049-(0)611/55-15812
    Fax: 0049-(0)611/55-15919
    email: so41@bka.bund.de

Last update : June 2008