Austria

  1. Under what circumstances can a stolen vehicle be seized in your country?
    (a) When the vehicle was obviously stolen or misappropriated, as specified in the relevant regulations of the Law Enforcement Code, and

(b) For reasons of preservation of evidence upon order of the competent court, as specified in § 143 of the Code of Criminal Procedure.

  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • Interpol channels and within Schengen countries SIRENE channels
  1. Who is responsible for the storage of seized vehicles?
  • The public authorities but also private companies
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • Any costs incurred are normally paid by the victim, who can then seek redress from the offender.
  1. How does a stolen vehicle get restored to its legal owner?
  • The procedure is, in principle, a simple one. If ownership is not disputed, the vehicle can be collected from where it is being stored.

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

  • In principle – yes

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

  • In principle – yes

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

  • In principle – no

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

  • Registration certificate (or an equivalent document, such as the German “Fahrzeugschein”, with a view to providing evidence of ownership) and a copy of the theft report (if possible with translation and certification). If the vehicle is collected by a person other than the owner, written authorization also has to be submitted.
  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.)?
  • In principle – no
  1. Please give details of relevant legislation
  • The relevant legislation is, as indicated above:

Paragraph 22 of the Law Enforcement Code (among other things, this paragraph lays down the conditions of seizure by an authorized official); Paragraph 143 of the Code of Criminal Procedure (court rules regarding the preservation of evidence).

  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
  • The Austrian law defines acquisition in good faith (e.g. of stolen property) very narrowly. For example, the purchase at public auction or from an authorized seller according to §367 of the Austrian Civil Code. Such situations, however, rarely occur in the vehicle sector – if at all – so that acquisition in good faith can normally not be pleaded.
  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
  • Austria is a party to the European Convention on Extradition and Mutual Assistance in Criminal Matters. There are, furthermore, numerous bilateral and multilateral agreements – in particular in the form of additional agreements (e.g. with Germany, Switzerland, Italy, etc.). In some cases, the principle of reciprocity is applied (e.g. with Russia).
  1. Reference point, for assistance in case of difficulties
  • Rupert SPRINZL, head of the department for vehicle crime,

tel. 0043/1/24836/85330

fax 0043/1/24836/951313

Last update: January 2008