Switzerland

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • A stolen vehicle being sought by another country may be seized in our country.
  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • If a vehicle that was stolen in a neighbouring country is found in Switzerland, the local police in the victim’s country are generally informed directly. For non-neighbouring countries, the discovery is announced through Interpol channels.
  1. Who is responsible for the storage of seized vehicles?
  • The local police are responsible for storing seized vehicles.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • If the rightful owner of a vehicle, who has been informed of its discovery, does not collect it within the specified period (usually one or two weeks) a storage charge is levied. The owner of the vehicle must pay the storage charge and any towing charges when the vehicle is released.
  1. How does a stolen vehicle get restored to its legal owner?
    Do the police have authority to restore the vehicle?
  • If the vehicle has simply been found, restitution is dealt with through the police of the area where it was found.

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

  • Stolen vehicles that have been sold in Switzerland may be seized on the basis of a judicial order and kept until proof of legal acquisition has been provided. They may then be handed over to their rightful owners. Any losses incurred must be dealt with in the civil courts.

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

  • If the purchaser cannot prove that he acquired the vehicle in good faith and is consequently suspected of receiving stolen property, a criminal investigation will be initiated. The decision on releasing the vehicle will then be taken by the appropriate court which will inform the victim accordingly.

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

  • The owner of a vehicle must produce proof of his identity and the documents pertaining to the vehicle in order to recover a vehicle seized by the police. If he wishes the vehicle to be released to a third party, that person must hold an authorization from the owner or the appropriate insurance company.
  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 time limit is set for recovering vehicles. However, the appropriate authorities may make use of a seized vehicle if the cost of storing it exceeds the value of the vehicle. Before a measure of this type is taken, the owner is informed and given a final date for recovering the vehicle, subject to payment of all costs.
  1. Please give details of relevant legislation
  • This question overlaps with other questions.
  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
  • See answer under (5,b).
  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
  • Switzerland has not concluded any treaties or agreements with other countries or signed any conventions on the restitution of stolen vehicles.
  1. Reference point, for assistance in case of difficulties
  • The Swiss NCB in Berne.

Last Update: June 2008