- Under what circumstances can a stolen vehicle be seized in your country?
- When a stolen vehicle registered in a foreign country is found abandoned,, the vehicle is secured and the authorities searching for the vehicle are informed through Interpol or Schengen channels.
If a person is found in possession of such a vehicle and this person gives his/her permission for the vehicle to be seized and restored to its rightful owner this can be done without the court being involved.
If the person in possession of the vehicle refuses to give such permission then the vehicle can be seized under the authority of the court and, thus, the court has to be involved when the vehicle is subsequently restored to its rightful owner.
- What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
- Interpol or Schengen is mainly used for contacting police authorities in other countries.
- Who is responsible for the storage of seized vehicles?
- The police are responsible for the storage of stolen vehicles.
- Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
- In Denmark expenses incurred in connection with the towing or storage of a stolen foreign vehicle are initially held by the police who, subsequently, try to recover them from the owner/insurance company.
- How does a stolen vehicle get restored to its legal owner?
Do the police have authority to restore the vehicle?
- See item 1 above.
Is it the local court who authorises release of the vehicle?
- See item 1 above.
Is it necessary to have a “commission rogatoire” to recover the vehicle?
- A rogatory commission is not required to restore a stolen foreign vehicle to its owner. The general rules concerning claims for restitution of property (i.e. the return of a stolen object to its original owner) apply.
What documentation does the owner have to provide in order to recover the vehicle?
- When a stolen vehicle is reclaimed, the original vehicle documents and keys must be produced. Furthermore, if the owner is not collecting the vehicle himself a written power of attorney is required declaring that the vehicle may be restored to the person concerned.
The person collecting the vehicle is required to sign for it. In principle, the documents presented should either be in English or German.
- 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.)?
- The police will try to identify and notify the owner of a stolen vehicle. When the owner is identified he is notified and asked to recover his vehicle within a reasonable period of time. If he fails to do so, the car is sold by the police (to the benefit of the Danish State).
- Please give details of relevant legislation
Section 801 – 807 in the Danish Administration of Justice Act. - If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
- If it is established that a purchaser has bought a stolen car in “good faith” the court can decide that the car should not be restored to the previous owner.
- 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
- Yes, Schengen Convention.
- Reference point, for assistance in case of difficulties
Interpol Copenhagen (please refer to the Interpol address book).
National Contact Point, Fighting/Tackling Vehicle Crime:
Detective Inspector, Steffen Baastlund Nielsen.
Last update: February 2008