NCJ Number
201598
Date Published
November 2000
Length
27 pages
Annotation
This report presents findings and conclusions from a survey of countries in the Baltic Sea Region regarding the existence and implementation of legislation pertinent to the return of stolen vehicles purchased in good faith (bona fide acquisition).
Abstract
The countries that participated in the survey were Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Norway, Poland, Russia, and Sweden. The survey queried representatives of these countries about the existence and nature of pertinent legislation, whether pending cases might be monitored by the Task Force on Organized Crime of the Baltic Sea Region, statistics on the number of stolen and identified vehicles requested for return during 1998-2000 and the number returned, major difficulties in the return of such vehicles, and whether the country has bilateral/multilateral agreements on the return of stolen vehicles. The survey replies indicate that the acquisition of a stolen vehicle in good faith does not pose a formal and legal obstacle to the return of the vehicle to the original owner except in very few cases. All countries -- except Sweden, which is in the process of amending its legislation -- are applying fully or partly the principle of vindication of stolen goods as an established rule in the national legislation; however, the period of limitation (time within which vindication can occur) in some countries is brief. Between 3 to 5 years are the shortest periods of limitation. There is also the possibility in a few cases that the right to vindicate can be hindered by a court decision that has established the bona fide purchaser as the rightful owner of the vehicle. The main problem, however, is apparently linked to the procedural law and practical/administrative side of the actual return of the vehicle, rather than a lack of a coherent legal framework for the return of the vehicle. In order to address such practical problems of the return of the vehicle, this report suggests the establishment of a pilot Task-Force Stolen Vehicle Return Team, by which the return of a few vehicles, chosen for example from the vehicles submitted for the monitoring procedure, would be constantly monitored by a chosen number of authorities in collaboration with the insurance companies (most often the original owner after paying theft awards) and/or experts. The survey responses from each country are included.