Under what circumstances can a stolen vehicle be seized in your country?
According to art. 78 of the Czech Code of Criminal Procedure (Act no. 141/1961 Coll.) every one who owns a thing (e.g. a vehicle) important for criminal proceedings is obliged to give it over to competent court, state prosecutor or police if the thing has to be secured for purposes of the criminal proceedings (police do not need preliminary approval of state prosecutor if they want to call somebody for giving a car over). This statutory duty to give a thing over concerns not only defendant but any other person as well.
According to art. 79 of the Czech Code of Criminal Procedure the respective court, state prosecutor or police (police with a preliminary approval of state prosecutor) may issue order for forfeiture of a thing if a person who has a thing important for criminal proceedings does not give it over voluntarily.
What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
Legal owners are usually notified through Interpol channels or through Czech liaison officers posted abroad. If an insurance company is legal owner, it is contacted through Interpol or via its representative in the Czech Republic.
Who is responsible for storage of seized vehicles?
Police authority that seized motor vehicle is responsible for its storage till a final decision is adopted. Police can use their own parking lots or they can use private garages on the basis of agreements concluded with private subjects.
Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
If a seized stolen car is stored in a police car park, it is free of charge. If a car is stored in private garage, costs associated with storage of seized stolen vehicle are paid by the Police for a period when the car is considered to be a thing important for criminal proceedings. Once decision regarding restoration of the car becomes final, all costs associated with storage have to be paid by car owner.
How does a stolen vehicle get restored to its legal owner?
Stolen vehicles are restored according to art. 80 and 81 of the Czech Code of Criminal Procedure. Basically, seized stolen vehicles are restored to a person whose rights to the vehicle are beyond doubts. If there are any doubts concerning ownership of a thing (i.e. car), it is deposited and a person who lays claim to a car is informed that he/she has to lodge a claim through civil proceedings.
Do the police have authority to restore the vehicle?
Yes, police are authorized to return the car to its legal owner.
Is it the local court that authorizes release of the vehicle?
If entitled person is known and no other person is interested in recovery of the car, court authorization is not needed.
Is it necessary to have a “commission rogatoire”?
No.
What documentation does the owner have to provide in order to recover the vehicle?
Owner (physical entity) must present following documents:
identity papers
registration book
certificate of immatriculation
restitution order with marked legal force.
Representative of corporation must present following documents:
identity papers
power of attorney for take-over of a car (mostly letter of attorney issued by relevant insurance company) in Czech language
restitution order with marked legal force.
When the seized car is handed over to its legal owner, protocol of taking-over (containing description of technical condition of the car) has to be made up and signed
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.)?
If legal owner does not take over his/her car within one year (commencing from the date when restitution order becomes effective), the seized car is handed over to respective tax office to be sold.
Please give details of relevant legislation.
Seizure and recovery of stolen vehicles are set up by the Code of Criminal Procedure (Act no.141/1961 Coll.).
If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reason.
Sometimes it is impossible to return stolen vehicle to its original owner because current/last owner acquired it in good faith (acquisition of a property in good faith is possible only under very specific conditions). The relevant authorities have to consider whether it is possible to restore seized car to its original owner case by case.
If seized car is not returned to its original owner, the latter can claim damages against offender through civil proceedings.
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.
Reference point for assistance in case of difficulties.
If any problems occur, legal owner should contact authority that issued relevant restitution order.
Czech police authorities can be contacted via NCB Prague as well.
Last Update : January 2007