- Under what circumstances can a stolen vehicle be seized in your country?
- A stolen vehicle can be seized if police discover that:
a) It was registered in Latvia on the basis of false documents,
b) Its VIN and/or engine number are false.
- What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
- Normally the police use Interpol channels to notify the owner of the vehicle’s location.
- Who is responsible for the storage of seized vehicles?
- The seized vehicle may be placed in either a private car park or a police car park.
- Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
- Yes, there are costs associated with storage of a seized vehicle, if the vehicle is stored in a private car park. The legal owner might also be asked to pay for storage in a police car park because there is no rule in our country governing this situation. The person responsible for these costs is the legal owner unless he is exonerated by a court decision. Unfortunately, proceedings can take a long time.
- How does a stolen vehicle get restored to its legal owner?
a) Do the police have authority to restore the vehicle?
- If the case is being handled by the prosecutor’s office, the only person who can restore a seized vehicle is the prosecutor; if the case is still in the hands of the police, the police can restore it.
b) Is it the local court who authorises release of the vehicle?
- If the case has come before a local court, the court is the only authority that can release the vehicle.
c) Is it necessary to have a “commission rogatoire” to recover the vehicle?
- This depends on what authorities have seized the vehicle. Our NCB usually makes it clear whether it is necessary to have a “commission rogatoire” or not, and always gives the address to which this letter should be sent.
d) What documentation does the owner have to provide in order to recover the vehicle?
- The owner should be in possession of the original registration certificate and the keys; if the vehicle is recovered by a representative of the owner, that person should produce a power of attorney certified at our Embassy in the country concerned.
- 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.)?
- No, there is no special rule that limits the time for recovery of a vehicle. However, it is always better for the owner if he acts as soon as possible, for the number of seized vehicles is huge and the police are sometimes not able to provide safe storage for every car. If a vehicle is not recovered after a very long period of time, the authority concerned can sell it, or it can become the property of the State.
- Please give details of relevant legislation
- Unfortunately, the subject is not covered in our legislation and that is why recovery procedure can differ from place to place.
- If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
- If a a purchaser is in “good faith” then vehicle recovery to its legal owner is possible only after civil court decision.
- 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, we have not any special bilateral treaties, conventions or agreements with other countries on the recovery of stolen property. Latvia has bilateral treaties on legal assistance with Lithuania, Estonia, Russia, Belarus, Ukraine, Moldova and Poland, so the question can be solved in terms of those treaties.
- Reference point, for assistance in case of difficulties
- In case of difficulty the contact points are the officers of our NCB Stolen Vehicle Section:
Mr Janis KLINDZANS and Mr Rinalds grants, or our NCB duty officer,
telephone No. 00 371 7 208 413 and 208 247,
fax No. 00 371 2 277 531.
Last update : February 2000