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

Проверка на самоличността, мерки за съдебна идентификация (304)

1. MEASURE IMPLEMENTATION

Croatia

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

In order to establish the identity of the suspect the police authorities may take his photograph, take his fingerprints, and enter the data on the identity into the appropriate data collections. In order to establish the identity of the suspect the police authorities may, upon the approval of the State Attorney, publish the suspect's photograph. Non-intimate samples may be taken from the suspect for a criminal offence for which a punishment of imprisonment is prescribed even without his/her consent for molecular genetic analysis necessary for the purpose of identification. If it is necessary to determine whose fingerprints or prints of other body parts are found on individual objects, such prints may be taken from persons who are likely to have been in the position of getting into contact with such objects. Depending on if the person is defendant or a victim or any other person, a competent judicial authority may order a molecular genetic analysis if aprobability exists that data important for proving the criminal offence would be obtained by such analysis.

2. LEGAL FRAMEWORK

Croatia

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters signed in 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

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. In some cases decision issued by competent judicial authority of the requesting state is needed. Additionally see Articles 307, 327 and 211 of Criminal Procedure Code

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.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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