Poland

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • A vehicle stolen abroad may be seized in Poland if the relevant law enforcement agency finds evidence that the vehicle’s documents or identification numbers have been forged, that the vehicle has been reported stolen by a foreign police service via Interpol channels, or that the person using the vehicle does not have the necessary authorization to do so.
  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • As a general rule, Interpol channels are used for notifying a foreign police service of the vehicle’s discovery. However, it is also possible for the Prosecutor’s Office or the Court to go through insurance company channels, embassies or consulates, or any other appropriate channels used for the exchange of information in legal matters.
  1. Who is responsible for the storage of seized vehicles?
  • The Prosecutor’s Office, or the Court, is responsible for the storage of seized stolen vehicles and decides where the vehicle should be stored. Private parking lots or garages may be used for storage but the vehicle can only be released upon the authority of the Prosecutor.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • The Prosecutor’s Office, or the Court, issues the decision that the vehicle should be handed back and specifies the time limit within which it may be recovered. If the vehicle is not recovered before that time limit expires, the storage costs have to be paid by the vehicle’s legal owner.
  1. How does a stolen vehicle get restored to its legal owner?
  • The legal owner who wishes to have his vehicle returned must prove his rights to that vehicle to the Prosecutor who authorized seizure.

Do the police have authority to restore the vehicle?

  • The police do not have authority to restore a vehicle.

Is it the local court who authorizes release of the vehicle?

  • This depends on the stage of the proceedings:

During the preparatory stage, it is the Prosecutor
During the judicial stage, or if the vehicle is to be used as evidence, it is the Court.
Is it necessary to have a “commission rogatoire” to recover the vehicle?

  • No. It is not necessary to have a ‘commission rogatoire’, but this possibility does exist.

What documentation does the owner have to provide in order to recover the vehicle?

  • When someone applies for the release of a motor vehicle a letter must be presented to the relevant Prosecutor’s Office containing a full description of the vehicle (make, model, registration number, VIN and engine number), details of the theft (date and place), details of the victim (name of the person or company and full address) and details of the present legal owner (i.e. name and address of the insurance company). This letter should also detail whether the car is subject to any legal proceedings conducted by any official body together with the results of those proceedings. In addition the applicant/owner must produce the following documents:-

Complaint filed with the appropriate police unit.
Prosecutor’s notice of the conclusion of legal proceedings.
The car insurance policy.
A written declaration issued by the insurance company certifying whether compensation has been paid or not.
The original deed/certificate of ownership plus a duplicate.
In the case of a rental vehicle, the relevant rental document should also be included.
All these documents should be translated into Polish by a sworn translator and the written authorization (power of attorney) and copies authenticated/certified by a notary or Polish consulate. An agent acting on behalf of an insurance company should enclose a certified copy of his/her power of attorney with each set of motor vehicle documents.

The applicant should also designate a person or organization in Poland where correspondence from the judicial authorities may be forwarded.

Once the owner or his/her lawyer receives notification that the Public Prosecutor or the Court has decided to release the vehicle, he/she should go to the relevant police unit with the notification together with the vehicle’s keys and license plates (if the vehicle was seized without license plates or bearing different ones).

  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.)?
  • Once the legal owner has been informed that the vehicle will be returned to him, he has a limited time in which to recover it. The maximum time limits are two years. After that, the vehicle becomes the property of the state.
  1. Please give details of relevant legislation
  • See foregoing. The regulations are contained in the Penal Code, the Civil Code, the Code of Criminal Procedure and the Code of Civil Procedure.
  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
  • This is the case where someone buys a vehicle in good faith and keeps it for more than three years : he then becomes its legal owner. If the original owner does not accept this, he can apply to the court to have the case retried.
  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
  • No. Such matters are covered by the provisions of international law on legal assistance. Poland is a signatory of the European Convention on Legal Assistance in Criminal Matters. In addition, Poland has concluded bilateral agreements with the following countries which are not signatories to the European Convention mentioned : Belarus, Russia, Romania and the countries of the former Yugoslavia.
  1. Reference point, for assistance in case of difficulties
    Przemyslaw PEPLINSKI
    Phone: ++ 48 22 60 12935
    Fax: ++ 48 22 60 12893
    e-mail: p.peplinski@policja.gov.pl

Last update: June 2008