- Under what circumstances can a stolen vehicle be seized in your country?
- A vehicle can be seized in our country if it was registered as stolen in our country or abroad.
- What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
- If the vehicle was registered as stolen abroad, Interpol is used; if it was registered as stolen in our country, the owner is informed by the organizational unit of the national police force that found the vehicle.
- Who is responsible for the storage of seized vehicles?
- local police units (field units)
- Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
- There are no costs so far associated with the storage of the seized vehicle in our country.
- How does a stolen vehicle get restored to its legal owner?
a) Do the police have authority to restore the vehicle?
Yes, they do
b) Is it the local court who authorises release of the vehicle?
Yes, if the damaged party has initiated a procedure before the court for the recovery of the vehicle or if it can not be established precisely who the rightful owner of the vehicle is, then it is the court to decide on the recovery of vehicle.
c) Is it necessary to have a “commission rogatoire” for the recovery of vehicle?
No, it is not needed, unless the court decides otherwise in cases when the case is being processed by the court
d) What documentation does the owner have to provide in order to recover the vehicle?
a document concerning the theft, issued by the police (the minutes of a theft statement);
a document proving the ownership of a vehicle;
in case a vehicle is not registered, its keeper or a person authorized by him should present an invoice as evidence of the vehicle’s purchase;
in case the vehicle is to be taken over by an authorized person, he should present a certified authorization of the keeper;
in case an insurance company already settled the damage under the comprehensive insurance and became the vehicle’s keeper, a document should be presented at the time of the vehicle’s take over showing that the damage was already paid;
in case the damage has not been yet settled by the insurance company that issued a comprehensive insurance for the vehicle in question, its statement should be submitted declaring that such damage has not been yet paid;
all other documents which are deemed necessary taking into account a specificity of a case and additionally requested either by judicial or police authorities.
All presented documents should be translated to Montenegrin language by a sworn translator
- 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.)?
- 90 days as of the temporary seizure by the police
- Please give details of relevant legislation
Criminal procedure code:
Article 246
(1) If there is a danger in delay, the police authorities may even before the commencement of the investigation temporarily seize objects pursuant to the provisions of Article 81 of the present Code and carry out a search of dwelling and persons subject to the conditions stated in Article 79 of the present Code.
(2) The police authorities shall be bound immediately to return the temporarily seized objects to the owner or holder if the criminal proceedings are not instituted or if they fail to submit a crime report to the competent State Prosecutor within a term of three months.
Seizure of objects under the Court order
Article 81
(1) Objects which, according to the Criminal Code, have to be seized or which may be used as evidence in the criminal proceedings, shall be temporarily seized and delivered for safekeeping to the Court or their safekeeping shall be secured in some other way.
(8) When seizing objects it shall be noted where they were found they shall be described, and if necessary their characteristics shall be established in some other way. A receipt shall be issued for the seized objects.
Police power:
Article 230
(1) If there are grounds for suspicion that a criminal offence that is prosecuted ex officio has been committed, the police authorities shall be bound to take necessary measures aimed at discovering the perpetrator, preventing the perpetrator or accomplice from fleeing or hiding, discovering and securing traces of the criminal offence and objects which may serve as evidence as well as gathering all information which could be useful for successfully conducting the criminal proceedings.
(2) In order to fulfil the duties referred to in Paragraph 1 of this Article, the police authorities may seek information from citizens, apply polygraph testing, conduct voice analysis, perform anti-terrorist inspection, carry out permanent recording of public places at which criminal offences have been frequently committed, restrict movement of certain persons in a certain area for an absolutely necessary time, publicly offer a reward with the view of collecting information, request from a legal person delivering telecommunication services to establish identity of telecommunication addresses which were online at the certain moment, carry out the necessary inspection of the means of transportation, passengers and luggage; undertake necessary measures regarding the establishing of the identities of persons or objects; issue a warrant for a person or warrant for seizure of objects; carry out in the presence of the authorised person an inspection of objects and premises of state authorities, enterprises, firms and other legal entities, review their documentation and seize it if necessary, as well as undertake other necessary measures and actions. A records or an official note shall be made on facts and circumstances established in the course of carrying out particular actions, which may be of importance for the criminal proceedings, as well as on discovered or seized objects.
(3) When conducting a crime scene investigation for the criminal offence against traffic safety for which there are grounds for suspicion that it has caused severe consequences or has been committed with the intent, the police authorities may temporarily, and for to the time not exceeding three days, seize the driving license from the suspect.
(4) A person against whom some of the actions or measures referred to in Paragraphs 2 and 3 of this Article have been undertaken shall be entitled to file a petition to the competent state.
- If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
- No
- 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
- There are not any bilateral treaties regulating these issues exclusively
- Reference point, for assistance in case of difficulties
- Vujović Miroslav NCB Interpol Podgorica Officer
Tel +382 20 243 511
Fax +382 20 242 850
Mobil +382 67 285 894
Email. m.vujovic@interpol.me
ncb.podgorica@interpol.me
Last update : November 2008