Portugal

1. Under what circumstances can a stolen vehicle be seized in your country?
   Article 178 of our Code of Criminal Procedure states that:
   Any items of property which were used, or intended to be used, to commit an offence or which may be in any way the product of an offence, or were left on the scene of a crime by the person who committed the crime, or which might serve as evidence, shall be seized;
   Seized items shall be attached to the judicial investigation file or, if this is not possible, entrusted to the examining magistrate conducting the investigation or to a judicial official; the fact shall be recorded in a report;
   Seizures are authorized or ordered by the judicial authorities unless they take place during searches of persons or premises in which case they are governed by the provisions in the present Code which relate to searches.
2. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
   The method used to inform the owner of the location of a vehicle depends on the origin of the information. Generally speaking, Interpol channels are used.
3. Who is responsible for the storage of seized vehicles?
   Normally, the police, the judicial authorities or the customs are responsible for storing seized vehicles.
4. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
   Generally speaking no charges result from storage unless such storage involved expenditure on towing or use of a private car park.
5. How does a stolen vehicle get restored to its legal owner?
   A stolen vehicle may be restored to its rightful owner at the latter’s request. The request must be accompanied by a copy of the appropriate documents, a receipt showing that the loss was reported, and a certified authorization if the person who asks for the vehicle is not the rightful owner. If the current owner is not the person who suffered the loss, especially if rights have been subrogated, evidence of this fact must be attached to the documents mentioned above. All the documents must be officially translated into Portuguese.
   Do the police have authority to restore the vehicle?

• Normally the police have the right to restore the vehicle unless there has been some form of fraud.
  Is it the local court who authorises release of the vehicle?
• If fraud is involved, restitution must be authorized by the local court.
  Is it necessary to have a “commission rogatoire” to recover the vehicle?
• There is no need for letters rogatory to be issued.
  What documentation does the owner have to provide in order to recover the vehicle?
• See Point (5).

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.)?
   There is no time limit for recovering the vehicle which can be returned to its owner as soon as the latter has been identified.
2. Please give details of relevant legislation
   If elements pertaining to identification of the vehicle have been fraudulently altered and the judge considers that the vehicle is an “important” piece of evidence, its restitution cannot be ordered until a final court judgment has been given.
3. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
   At the moment, case law is that the vehicle must be returned to its initial owner. Restitution may, however, be forbidden by court decision.
4. 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.
5. Reference point, for assistance in case of difficulties
   the NCB’s contact officer Miss TERESA ALMEIDA.
   Telephone number N°: 00-351-21-359-5880 or Cell-phone N°: 00-351-96-9166525.
   Last update: June 2008