- Under what circumstances can a stolen vehicle be seized in your country?
- The rules differ, depending on whether the police are conducting a “summary” or “expedited” investigation, e.g. when someone is caught in the act of committing an offence or found in possession of property linked with an offence, (flagrant delit) or are carrying out enquiries in connection with an offence that has been reported
In the first case, Article 31(3) of our Code d’instruction criminelle (C.I.C. – Crime Investigation Code) states that an officier de police judiciaire (police officer with judicial investigation powers) must seize all property, documents and other effects which:
were used to commit an offence,
were to be used to commit an offence,
were the subject of the offence,
seem to be the product of an offence,
generally speaking, might contribute to revealing the truth,
if used, might hinder the progress of a judicial investigation,
are liable to be confiscated or can be restored.
In the second case, Article 66(1) of the “C.i.c.” states that the examining magistrate to whom the public prosecutor has transferred the case issues a warrant for a search of premises and for the seizure of the items listed in Article 31(3).
- What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
- Whenever possible, the owner of a vehicle that has been found and seized is informed directly by the police department dealing with the case. If this proves to be impossible, either Interpol channels or the “SIS-SIRENE” office of the Schengen computerized system is used.
- Who is responsible for the storage of seized vehicles?
- Vehicle found and seized in Luxembourg are kept in one of the pounds managed by the police.
- Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
- The cost of towing and storing a vehicle that has been seized is added to the legal costs of the case.
- How does a stolen vehicle get restored to its legal owner?
Do the police have authority to restore the vehicle?
- If there is no dispute as to the ownership of the vehicle, the police officers may return it to its rightful owner (private individual or insurance company).
Is it the local court who authorises release of the vehicle?
- If ownership of the vehicle is disputed, immediate restitution as described under (a) is not allowed.
- Outside the context of criminal proceedings and irrespective of the outcome of the case, Article 68 of the “C.I.C.” states that a person charged or accused, a victim claiming damages and any other person claiming rights to property which is in the hands of the judicial authorities may, in conformity with Article 68(2) of the “C.I.C.”, send a request for restitution of that property to the appropriate court.
- Within the context of ongoing criminal proceedings, Article 194(1) states that the accused, a victim claiming damages or a person with civil responsibility may ask the court dealing with the case for restitution and Article 194(2) states that any person who claims rights to property which is in the hands of the judicial authorities may do the same.
Is it necessary to have a “commission rogatoire” to recover the vehicle?
- If ownership of the vehicle is disputed, the Luxembourg judicial authorities recommend that a letter rogatory be issued so that the vehicle can be seized.
What documentation does the owner have to provide in order to recover the vehicle?
- It is up to the owner of a vehicle to produce documents attesting to his legitimate ownership.
- 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.)?
- Article 10 of the Luxembourg Highway Code (Law dated 14th February 1955) states that a vehicle is considered to have been abandoned if it has remained parked in the same place on the public highway for more than a month and if police have not been able to contact its owner or possessor or the latter has not complied with instructions to move his vehicle.
The period of a month is reduced to eight days if the public highway concerned is a main road outside a built-up area or a motorway.
There are no other time-limits associated with recovery of a vehicle.
- Please give details of relevant legislation
- Cf. answer to No. 6.
- If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
-The Luxembourg Civil Code (particularly Article 2279) states that possession is equivalent to ownership in the case of movable property. People are assumed to have acquired the property they possess in good faith unless it can be proved otherwise.
A person from whom an item of property has been stolen has three years from the date of the theft to claim restitution by the person possessing that item, and the latter can then claim against the person from whom he received it.
In addition, Article 2280 of the Civil Code states that if a person who is in possession of an item of stolen property bought that item at a fair or in a market or at a public sale or from a dealer in similar items (i.e. a garage in the case in point), the original owner can only recover the item by refunding to the possessor the price the latter paid for it.
- 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
- Luxembourg has not signed any treaties, conventions or bilateral agreements on the restitution of stolen property.
- Reference point, for assistance in case of difficulties
If problems arise, the persons to contact are:
Service Police Judiciaire
Itisme Section Grand Band
Fax: +352 4997 6249
Phone: +352 4997 6232
email: Joel.Scheuer@police.etat.lu
Commissaire en Chef SCHEUER, Joel
Phone: +352 4997 6244
email: Marc.Weis@police.etat.lu
Commissaire WEIS; Marc
Phone: + 352 4997 6238
email: Christian.Wagener@police.etat.lu
Commissaire WAGENER, Christian
Last update: January 2008.