- Under what circumstances can a stolen vehicle be seized in your country?
Seizure of transport facility is possible if it is acknowledged as the material evidence on criminal case; - What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
The information in regard of seizure of the vehicle in Georgia and its location will be transferred to owner through Interpol and other channels; - Who is responsible for the storage of seized vehicles?
In accordance with paragraph I prime of the Article 123 of Criminal Procedural Code of Georgia the storage of the vehicle should be ensured by the case conducting agency; - Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
The owner (proprietor) of the item within 45 days upon the receipt of the notification ensures on his/her own expenses recovery and transportation of the belonged item. If the owner (proprietor) fails to recover the belonged item within the above stated terms, the case-conducting agency ensures maintenance of the item for no longer than 3 months. In such case, if the owner (proprietor) decides to recover the item, he/she pays expenses of maintenance and preservation of the item to the central budget. Daily amount of these expenses should not overcome 1% of the item’s market value. The item is evaluated by an expert. After the expiration of the three-month term the item is transferred into the state property and it is disposed in compliance with the norms of legislation. - How does a stolen vehicle get restored to its legal owner?
Decision in regard with recovery of the vehicle to its legal owner or proprietor is incorporated in competence of the case conducting court; - Are there any time limits associated with the recovery of the vehicle?
‘Article 123. Resolution on Handling Material Evidences till Case Conclusion
Investigation agency, till a case is concluded, returns to the owner or the proprietor the stuff such as perishable goods, necessary items of daily use, domestic animals and poultry unless a ban is imposed on them. Investigation agency might return motor vehicle facilities to the owner or the proprietor till conclusion of case, unless a ban is imposed on them.
I Prime) If the material evidence referred in part 1 of the current Article i.e. an item, which was taken from legal possession of the owner (proprietor) against his/her will is a means of transport, case-conducting agency immediately or through an authorized agency will make a written proposal to the proprietor or the lawful owner for recovery of the item, if such person is known. Upon identification of the owner (proprietor) case-conducting agency should send a written notification to this person. Receipt of the written notification by the owner (proprietor) is confirmed with a relevant document submitted by the authorized agency or with the signature of the owner (proprietor) or in his/her absence with the signature of his/her family member or an authorized person, made to the above mentioned notification. The owner (proprietor) of the item within 45 days upon the receipt of the notification ensures recovery and transportation of the belonged item. If the owner (proprietor) fails to recover the belonged item within the above stated terms, the case-conducting agency ensures maintenance of the item for no longer than 3 months. In such case, if the owner (proprietor) decides to recover the item, he/she pays expenses of maintenance and preservation of the item to the central budget. Daily amount of these expenses should not overcome 1% of the item’s market value. The item is evaluated by an expert. After the expiration of the three-month term the item is transferred into the state property and it is disposed in compliance with the norms of legislation.
If the owner or the lawful proprietor of the item referred in part 1 of the current Article is not known, document certifying his/her legal origin is not available, or recovery is impossible due to other reasons, the item should be passed to a relevant organization for further usage, preservation, maintenance or it should be disposed according to the norms set out by the legislation.’
- Please give details of relevant legislation
Issues of transfer of property between Georgia and foreign states is regulated by bilateral and multilateral agreements on mutual assistance in criminal matters signed between Georgia and foreign countries. In each case, transfer of transport facility by one agreement participating country state to the other is carried out on the base of a solicitation on assistance in criminal matters, made by the requesting state, in accordance with the domestic legislations of referred states and procedures prescribed by the international agreements.
- If the law in your country precludes the restoration of a stolen vehicle to it original owner, please give reasons why
- Does your country have any bi-lateral treaties, conventions or agreements with other countries?
- Please give a contact reference point
Last update: July 2007