Netherlands

Preliminary remark:

The answers given below relate only to action taken by the police or the judicial authorities. Recourse under civil law is possible but the procedure is not dealt with here.

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • When an abandoned vehicle is found, the police may decide to place it in safe-keeping. A stolen vehicle may be seized at the request of the public prosecutor, as an item of evidence, or at the request of a judicial authority that asks that the vehicle be confiscated or taken off the road. Seizure as such does not constitute a coercive measure in the interest of a victim or victims, although it may later have the effect of such a measure.

A stolen vehicle may also be seized at the request of another country for use as evidence in judicial proceedings. In such cases, an official request for mutual assistance in criminal matters is required. Requests from a foreign authority for seizure of a vehicle will not be accepted for the sole purpose of compensating a victim for losses incurred.

If, however, a decision is taken to begin a police or judicial investigation, the vehicle may be seized.

  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • If the vehicle disappeared in one of the Schengen countries, the Sirene Office of the country concerned is informed and will in turn arrange, through the local police force, for the rightful owner to be informed of the location of the vehicle.
  1. Who is responsible for the storage of seized vehicles?
  • The appropriate authorities are responsible for storing vehicles. However, if a vehicle is taken into safekeeping by the police, they are responsible for it and may either store it themselves or use a private garage. If a vehicle is seized on behalf of the public prosecutor, the latter is responsible for it. It is then placed in the care of the Dienst Domeinen department of the Ministry of Finance.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • There may be costs associated with storage and, in most cases, the costs are payable by the person who suffered the loss.
  1. How is a stolen vehicle restored to its legal owner?
  • If the police have taken the vehicle into safekeeping, restitution to the rightful owner is generally straightforward. If the vehicle has been seized in connection with criminal proceedings, the public prosecutor may decide to restore it to its owner if the person from whom it was seized admits before the public prosecutor or assistant public prosecutor that the vehicle was acquired unlawfully. The public prosecutor may also decide to restore the vehicle if the person from whom it was seized does not contest this decision within fifteen days of being notified of it, or if the decision is contested but a judge holds that the contestation is unjustified. A judge may also order that a vehicle be restored on the basis of a formal request from the public prosecutor.
  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.)?
  • If the vehicle has been taken into safekeeping, the time allowed for recovering it is often decided by agreement between the parties concerned.

Naturally, in light of the costs involved, every effort is made to reduce this time to a minimum.

If the vehicle has been seized in connection with a criminal case, whoever has the safekeeping of it is obliged to keep it for three months from the date of receipt of the restitution order, after the final court decision has become irrevocable.

Furthermore, restitution of a vehicle is forbidden by law if it is still subject to a seizure order in connection with a civil case.

  1. Please give details of relevant legislation
  • See replies to the other questions.
  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
  • If a vehicle is found in the possession of someone who acquired it in good faith, it cannot be restored to the person who suffered the loss.
  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
  • There are no treaties dealing specifically with this matter. The procedure for sharing information and requesting mutual assistance in criminal matters is naturally governed by the treaties on those subjects.
  • Under those treaties, the Interpol and Schengen offices are the official contact points for exchanging information.
  1. Reference point, for assistance in case of difficulties
  • All requests connected with stolen vehicles may be sent to the Interpol and Sirène-NL offices (Interpol: 31 79 3459884; Sirène: 31 79 3459888).

The National Vehicle Crime Information Centre (LIV) of the Netherlands Police Agency in Driebergen is the national and international centre for recording information about stolen vehicles and related offences.

The LIV can be contacted by telephone (31 43 343 532200) or fax (31 343 515200) between 08.30 and 16.45 hours, Monday to Friday.
In urgent cases, of course, requests may be addressed to Interpol:

The Hague: telephone 31 79 345 9884 or 31 79 345 9840, (Mon. to Fri., 8.00 to 16.45 hrs),
or to the Dutch Sirène Office: telephone 31 79 345 9888, (outside office hours).

Last update : January 2007