Andorra

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • Under the provisions relating to seizure of property in our Code of Criminal Procedure, and in the specific case of vehicles stolen in another country and found in Andorra, the police begin a preliminary investigation. In the context of such an investigation, any item of property connected with the offence committed (Article 26) – and the vehicle concerned, in particular – may be seized as a preventive measure on receipt of a request from the foreign police authorities.

Seizure of the vehicle may also be ordered by the examining magistrate who is empowered to seize any item of property that may contribute to the successful outcome of the investigation. He may also delegate this power to the police.

  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • When the police find a vehicle which they assume has been stolen, the information is always communicated through Interpol. However, if the victim of the theft has been identified, the Andorran police will contact that person and inform him or her directly.
  1. Who is responsible for the storage of seized vehicles?
  • The examining magistrate decides where the vehicle should be stored but the location chosen is usually a local authority garage.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • Initially, the cost of storing the vehicle must be paid by the victim of the theft.
  1. How does a stolen vehicle get restored to its legal owner?
    a) Do the police have authority to restore the vehicle?
  • The police have the right to restore a stolen vehicle to its owner if the case does not have to be handled by an examining magistrate, i.e. if no offence was committed in Andorra and if neither the chief nor accomplices were arrested in Andorra.

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

  • If an Andorran magistrate has to conduct a judicial investigation, he or she must authorize restitution.

c) Is it necessary to have a ‘commission rogatoire’ to recover the vehicle?

  • There is no need for an international letter rogatory to recover the vehicle.

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

  • In order to recover the vehicle, the owner must provide the following documents:

A copy of the complaint lodged relating to the theft.
Valid insurance documents for the vehicle which cover the risk of an accident in Andorra (e.g. the green card issued in some countries).
The vehicle’s registration documents or a certificate attesting to the fact that the vehicle was stolen.
If the owner wishes to have the vehicle recovered by a designated representative, power of attorney made out to that representative.
Passport or identity document of the owner or his or her representative.

  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.)?
  • There is no time limit for the recovery of vehicles.
  1. Please give details of relevant legislation
  • The criminal procedure code of 08/02/2006
  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
  • As far as we know, the Andorran courts have never had to take a decision on a case where a vehicle that had been stolen in another country was found in Andorra in the possession of a person who had acquired it in good faith. Under ordinary criminal law, the vehicle would not be restored to its original owner if the person in whose possession it was found had acquired it in good faith. In those particular circumstances, he or she would have the right to keep the stolen vehicle.
  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
  • So far our country has not signed any conventions or bilateral treaties on the restitution of stolen property.
  1. Reference point, for assistance in case of difficulties
  • NCB Andorra.

Last update: June 1997