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

Ред за представяне на документи (402)

1. MEASURE IMPLEMENTATION

Croatia

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

According to Criminal Procedure Act, documents which may be used to determine facts in proceedings shall be temporarily seized and deposited for safekeeping. Whoever is in the possession of such documents shall be bound to produce them upon the request of the State Attorney, the investigator or the police authorities. State authorities may refuse to produce their files and other documents if these constitute confidential information in accordance with a special law. Legal entities may request that data related to their business be not disclosed. A decision on disclosing such data shall be made by the investigating judge or the court before which the hearing is conducted upon the reasoned motion of the State Attorney. If necessary, the authority conducting the proceedings shall, after the relevant verification, make a copy of the documents used for establishing facts, and return the original to the applicant. Files or documents which are temporarily sized because they may be used as evidence shall be listed. If this is not possible, they will be put in a separate cover and sealed. The person from whom a file or document is temporarily seized may put his own seal on the cover. According to the Act on mutual legal assistance in criminal matters, articles, documents or monetary gain which have been temporarily seized to be presented as evidence, as well as records and decisions, shall be made available to a foreign judicial authority upon its request, after the completion of the mutual legal assistance proceedings in the Republic of Croatia.

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

County courts through Ministry of Justice

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

N/A

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

In case when the documents are obtained form the private persons, eg. banks 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

b. Other useful information

Not relevant

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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