Malta

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • All second hand imported vehicles are physically inspected prior to release from customs. The inspection consists in the checking of the VIN and engine number for possible tampering and to check same with the relativevehicle’s importation documents. If any tampering is traced and foul play suspected, vehicle is not released from customs and importer is asked to re-export the vehicle to its country of origin.
  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • The owner of the stolen vehicle is usually informed of the vehicle’s location through Interpol.
  1. Who is responsible for the storage of seized vehicles?
  • The entity responsible for the storage of seized vehicles in Malta is normally the state administration, usually the Police or Customs.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • No.
  1. How does a stolen vehicle get restored to its legal owner?
  • A stolen vehicle gets returned to its legal owner depending on the circumstances of the case. If the buyer is in “good faith” the restoration of a stolen vehicle is usually precluded. However, the original owner of the stolen vehicle may seek redress at civil instance.

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

  • The Police have no specific authority to restore the vehicle to its original owner.

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

  • Only the local courts may order such a restitution.

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

  • It is not necessary to have a “commission rogatoire”, however, these may be necessary in certain cases and circumstances.

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

  • Usually the owner would have to provide a title of ownership for the vehicle.
  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.)?
  • No.
  1. Please give details of relevant legislation
  • Section 2154 of the Civil Code.
  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
  • If a purchaser is in good faith, the present legislation precludes the restoration of a stolen vehicle to its original owner.
  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
  • No.
  1. Reference point, for assistance in case of difficulties
  • The Maltese Representative
    International Criminal Police Organization
    Police General Headquarters
    Floriana – Malta

Tel.: 00356-236328
Fax: 00356-235308

Last update : February 2000