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

Агресивно обискиране на лицето (302)

1. MEASURE IMPLEMENTATION

Croatia

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

Physical examination of defendant shall be carried out without his consent if it can be done without harming his health and if the evidence cannot be obtained in any other way . A physical examination of other persons may be carried out without their consent only if it is necessary to determine whether there is a certain trace or consequence of an offence on his/her body and it cannot be determined in any other way and it can be done without harming his health. A physical examination shall also be carried out in searches during which body cavities are to be penetrated or artificial limbs or organs attached to body are removed from the body if it can be done without harming his health and if the evidence cannot be obtained in any other way for criminal offences with prescribed minimum prison penalty of 5 years. If the person does not consent to this kind of examination it can be done based on a warrant issued by the investigation judge for criminal offences with prescribed minimum prison penalty of 5 years. Taking blood samples and other medical procedures performed according to the rules of medical science in order to analyze and determine other relevant facts for the proceedings may be carried out only in order to determine whether there is a certain trace or consequence of a criminal offence on other person’s body and only with the consent of this person. Surgery on the defendant may be, based on a court order, taken only if in his/her body are the objects of committing a crime, which otherwise could not be removed, and in the cases of crimes: terrorism, financing of terrorism, slavery, trafficking, trafficking in human parts bodies and human embryos, murder, exploitation of children for pornography, illicit production and trafficking of drugs, serious offenses against public safety, money counterfeiting, illegal possession, production and acquisition of weapons and explosives, disclosing classified information and espionage. The judge shall decide on this measure taking into account risk of the operation and neccessity of removal of those items for the preservation of life of a defendant. Taking blood and urine samples from the defendant and other persons shall be undertaken without their consent if it can be taken without harm to their health, and it is necessary to determine the facts relevant to criminal proceedings. This action should be carried out by medically qualified person.

2. LEGAL FRAMEWORK

Croatia

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters is a 1959

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)

County courts

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.  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.  Additionally-see answer 1

b. Other useful information

Upon explicit request of a foreign judicial authority, the domestic judicial authority may allow presence of a foreign official during the execution of the request for mutual legal assistance.A request shall not be refused if this would likely avoid the need for supplementary requests for assistance. Additonally - see Article 240 - 251 and 326 - 327a of the Criminal Procedural Code

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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