UNMIK-Kosovo

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • The Article 201 of the Provisional Criminal Procedure Code of Kosovo states: If there is reasonable suspicion that a criminal offence prosecuted ex officio has been committed, the police have a duty, either ex officio or on the request of the public prosecutor to take all steps necessary to locate the perpetrator, to prevent the perpetrator or his or her accomplice from hiding or fleeing, to detect and preserve traces and other evidence of the criminal offence and objects (stolen vehicle) which might serve as evidence, and to collect all information that may be of use in criminal proceedings.

In order to perform the tasks the police shall have the power to confiscate objects which must be confiscated under the Provisional Criminal Code or which may serve as evidence in criminal proceedings.

A record or official note shall be made on the facts and circumstances which are established by undertaking individual actions and which may be of interest for the criminal proceedings as well as on the objects which have been found or confiscated.

Under Article 201 of our Code of Criminal Procedure, a vehicle that was acquired as a result of an offence such as smuggling, theft, fraud or document forgery, may be temporarily seized and handed over to the judicial authorities or to any other government law enforcement department.

If the documents pertaining to a vehicle from another country are forged or if the vehicle’s chassis number is false, a customs offence has been committed. The vehicle concerned must be handed over to the appropriate customs department.

  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • The owner will be informed that his vehicle has been temporarily seized in Kosovo either through Interpol channels or by his country’s embassy, consulate or liaison office.
  1. Who is responsible for the storage of seized vehicles?
  • Vehicles seized as a result of the commission of a criminal offence and have been deemed to be considered evidence, may be stored by law enforcement authorities pursuant to a court order issued under the applicable provisions of the Provisional Criminal Procedural Code of Kosovo (PCPCK). Vehicles seized that are related to a civil proceeding may be stored in accordance with the applicable provisions of the Customs Code.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • Under the applicable provisions of the PCPCK, the court may include costs associated with storage of the seized vehicle in its judgment of conviction against the perpetrator. In this case, the perpetrator would be obliged to assume all costs resulting from the criminal proceeding. However, if the court releases custody of the vehicle to its rightful owner, then the judicial authorities may decide that all costs related to the return of the vehicle be borne by the rightful owner.
  1. How does a stolen vehicle get restored to its legal owner?
  • If the court releases custody of the vehicle to its rightful owner at the end of the criminal proceedings, then the owner may send a written request for restitution, enclosing:

a document made out in his name establishing ownership of the vehicle (registration document, invoice, etc.),
a copy of the theft report made to a police department,
a document issued by the company with which the vehicle was insured at the time of the theft stating that compensation for the theft has not been paid.
The vehicle may be recovered by someone acting on behalf of the owner if he presents the documents listed above and has been duly authorized to take possession of the vehicle by the appropriate department in the country where the documents were issued.

While the stolen vehicle remains in police custody, the appropriate police department must be contacted to request restitution.

When a judicial investigation is being conducted, only the public prosecutor, who is responsible for the investigation, may authorize the return of the vehicle to its rightful owner.

  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.)?
  • At the end of the criminal proceedings, the judicial authorities may rule that the rightful owner is required to request the return of the stolen seized vehicle within three months, from the date of notification, to recover his vehicle.

If the owner has not sought the return of the vehicle within the period set by the judicial authorities, then seized vehicle may be deemed abandoned and subsequently disposed through a public auction in accordance with the applicable provisions of the law governing the disposal of confiscated property.

  1. Please give details of relevant legislation
  • The seizure of stolen vehicles is governed by the provisions of the Code of Criminal Procedure which states that the decision must be taken by an examining magistrate under the conditions defined by law.

Items of property which are seized under the provisions of the Penal Code, or which could be used as evidence in criminal proceedings, are seized as a temporary measure and handed over to the judicial authorities or to another government law enforcement department (Article 247).

Under the provisions of Article 247 of the Procedural Code, the police are authorized to seize items of property temporarily before judicial investigations begin, but only in urgent cases where it is suspected that an offence has been committed or by virtue of a judicial warrant.

  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 stolen vehicle is discovered in the possession of a person who acquired it in good faith, the appropriate Kosovo court will take a decision about its restitution.
  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.
  1. Reference point, for assistance in case of difficulties
  • NCB Liaison Office Pristina
    Tel : 00.381.38.504.604.5905
    Fax : 00381.38.504.604.52.64

Last update: June 2007