Fiches Belges: Croatia

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

Expert witness testimony shall be ordered when, with a view to determine or assess relevant facts, it is necessary to obtain findings and the opinion of a person who has the necessary expert knowledge. If suspicion arises that the defendant’s mental capacity is excluded or diminished, that the defendant has committed a criminal offence due to the defendant’s addiction to alcohol or drugs or that the defendant is unfit to stand trial due to mental health difficulties, the expert witness testimony based on the psychiatric examination of the defendant shall be ordered. If it is necessary for the expert witness testimony, the defendant may by a court ruling be committed to a relevant medical institution by force.

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters is a 1959

* receive the request/decision for judicial cooperation

Ministry of Justice

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

County courts

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.

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

N/A

a. Special requirements

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.

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. Additionally Articles 308 - 328