Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Croatia

Проникване от агенти под прикритие на заявената държава (201)

1. MEASURE IMPLEMENTATION

Croatia

Is this measure possible in your Member State under International Judicial Cooperation?

If the investigation cannot be carried out in any other way or would be accompanied by great difficulties, the investigating judge may, upon the written request with a statement of reasons of the State attorney, order against the person against whom there are grounds for suspicion the he committed or has taken part in committing an offence referred to in Article 334 of the Criminal Procedure Act, measures which temporarily restrict certain constitutional rights of citizens - use of undercover investigators . Using undercover agents includes the right of the undercover agent to enter a person's home if the conditions are met as prescribed by legal regulations on police officers' entering a person's home without a court order. An undercover agent amay be interrogated as witness on the content of discussions held with the persons against whom the special evidentiary measures referred to in the Cirminal Procedure Act are imposed, as well as all accomplices in the criminal offence and their statements may be used as evidence in the proceedings. The measures may last up to three months. Upon the motion of the State Attorney the investigating judge shall, prolong the duration of such measures for a term of another three months. Police conducts mentioned measures. The application of measures shall cease as soon as the reasons lapse on the basis of which they were ordered.

2. LEGAL FRAMEWORK

Croatia

International legal framework applicable for this measure in your Member State

At the request of the foreign judicial authority, the domestic judicial authority may determine measures temporarily restricting the constitutional rights, under the presumptions and conditions established in the Criminal Procedure Code.

3. COMPETENT AUTHORITY TO:

Croatia

* receive the request/decision for judicial cooperation

Ministry of Justice

* execute/recognise the measure (if other than the receiving authority)

Competent County Court

4. ACCEPTED LANGUAGES

Croatia

Accepted languages for the request/decision

Letters rogatory for mutual assistance and annexed documents shall be accompanied by a translation into the Croatian language or, if not possible, into the English language

5. EXECUTION DEADLINE

Croatia

Deadlines for the execution of the request/decision (where applicable)

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Croatia

a. Special requirements

A decision (eg. order, warrant...) issued by the competent judicial body of the requesting state is required in order to enable domestic judicial body to issue its own decision. According to the domestic legislation this special evidence collecing action is applicable in relation to listed criminal offences and for criminal offences with minimum prescribed prison penalty of 5 years. When affording mutual legal assistance, domestic judicial authority shall comply with the formalities and procedures expressly indicated in the request as necessary pursuant to the law of the requesting state, unless provided otherwise by an international treaty and provided that such formalities and procedures are not contrary to the principles of the domestic legal order. Additionaly - See answer 1

b. Other useful information

See articles 332-339 of domestic Criminal Procedure Code

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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