Estonia

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • Any vehicle which is reported stolen internationally and discovered in Estonia can be seized.
  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • Information is delivered via Interpol or Schengen channels.
  1. Who is responsible for the storage of seized vehicles?
  • The police authority that made the seizure is responsible for storing of the vehicle during the criminal procedure.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • The Estonian government is responsible for these costs. To prevent overload of the storage places, we consider that after the court decision to give back the vehicle to it’s legitimate owner, it will be collected as soon as possible.
  1. How does a stolen vehicle get restored to its legal owner?
  • To recover the stolen vehicle, send a rogatory letter, vehicle’s extradition request or request to return the vehicle to it’s legal owner via official channels to our competent authorities.

Mutual Legal Assistance Request

  • If the proceeding is terminated in the country, which searches the vehicle and officials have no interest to recover it, then the owner should turn to Estonian civil court to reclaim the property from foreign illegal possession.

Confirmation with person’s data, who will recover the vehicle from Estonia is needed (through Interpol or Sirene channels).

In any case it’s important to present documents to verify the right of ownership.

Do the police have authority to restore the vehicle?

  • Yes, if there are no other justified parties.

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

  • Yes, Criminal Court if there is a criminal investigation initiated and Civil Court if the proceeding is terminated in the country, which searches the vehicle and officials have no interest to recover the vehicle.

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

  • Yes

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

  • the vehicle registration documents (ownership proof)
  • original keys
    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.
  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.)?
  • Unless the legal assistance request hasn’t arrived within 2 months after we forwarded the information to the country which searches the vehicle, we will consider that interest is withdrawn and deletion of alert will be requested. The vehicle may be given to the person possessing it latter.

7. Please give details of relevant legislation

  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
  • Movable property ownership is created by prescription if a person possesses movables without interruption for five years as an owner. Prescription is precluded if a possessor is in bad faith. (Estonian Law of Property Act).
  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
  • Agreement of the Mutual Legal Assistance (MLA 2000).
  • European convention on extradition (1957)
  1. Reference point, for assistance in case of difficulties
  • NCB Tallinn
  • SIRENE Estonia (for Schengen counrties)

Last upsate: March 2008