- Under what circumstances can a stolen vehicle be seized in your country?
- Chapter 27 Section 1 paragraph of the Swedish Code on Judicial Procedure contains the following provisions on seizures:
Objects which reasonably can assumed to be of importance for the investigation of an offence, or to have been taken from a person or to be subject to forfeiture by reason of an offence, may be seized by order of the police officer conducting the investigation or the prosecutor. If a delay entails risks the decision may be taken by a police office.
- What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
- The owner is notified via Interpol or the local police or liaison officer if available.
- Who is responsible for the storage of seized vehicles?
- The responsibility for a seized vehicle rests with the police authority of the police district in which the vehicle was found. The vehicle is normally kept in a car pound near the police station. In some cases, private garages or car dealer premises may be utilized.
- Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
- Usually the owner is not charged any parking or storage expenses.
- How does a stolen vehicle get restored to its legal owner?
- An owner retrieves his seized vehicle upon presentation of ownership documentation after the seizure has been revoked.
a) Do the police have authority to restore the vehicle?
- Yes, in most cases.
b) Is it the local court who authorizes release of the vehicle?
- No, in most cases the officer conducting the investigation or the prosecutor.
c) Is it necessary to have a “commission rogatoire” to recover the vehicle?
- No.
d) What documentation does the owner have to provide in order to recover the vehicle?
- Documentation in the Swedish language proving the ownership and/or a power of attorney, if available.
- 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.)?
- No.
- Please give details of relevant legislation
- Through changed rules on July 1, 2003 in Swedish legislation relating to acquisition in good faith of personal property.
From July 1, 2003 it shall therefore no longer be possible to make acquisition in good faith of stolen goods and other unlawfully taken property or property that has been obtained through robbery. This means that the person that has been robbed of something shall have the right to have the property restored without having to pay anything, no matter whether the person that has acquired the property is in good faith or not.
At the same time, amendment is also made in the Code of Judicial Procedure relating to seizures in order to make it easier for an injured party to have seized property restored quicker.
- If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
- See paragraph 7.
- 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.
- Reference point, for assistance in case of difficulties
Peter Ostgren, NCB Stockholm, Email
or
24-hours Desk phone +46 8 401 37 00
Last update : March 2007