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

Секвестиране на авоари (501)

1. MEASURE IMPLEMENTATION

Croatia

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

Pecuniary advantage shall be confiscated on the basis of a court decision establishing the commission of an unlawful act. Pecuniary advantage shall also be confiscated from the person to whom it was transferred if it was not acquired in good faith. The court shall confiscate the pecuniary advantage also in cases where it has instructed the injured party to assert his/her pecuniary claim in a civil action. Where it has been established that confiscation in full or in part of things or rights acquired as pecuniary advantage is impossible, the court shall order the perpetrator to pay the corresponding money equivalent. It may be ordered that payment be made in instalments. Decisions by foreign bodies, by means of which pecuniary benefit resulting from criminal offences was confiscated from the defendant or related parties, shall be recognised and enforced in the territory of the Republic of Croatia, in accordance with the international contract. If no international contract has been concluded with the respective country, the decision by a foreign body shall be recognised: - if it is not contradictory to the public order of the Republic of Croatia, - if it has not been made impossible for the party which the confiscation refers to, especially by failure of delivery, to participate in proceedings from which such a decision has arisen, - if reciprocity exists Monetary gain which has been temporarily seized for security purposes may be delivered to a foreign judicial authority, upon its request, upon completion of the mutual legal assistance proceedings, for the purpose of seizure or return to an authorised person. Monetary gain may be permanently detained in the Republic of Croatia if: the injured person is domiciled in the Republic of Croatia, and the objects have to be returned to that person, state authority claims the right of the Republic of Croatia, person not participating in the offence, whose claims have not been guaranteed through the requesting state, proves that he/she has acquired in good faith the right on such monetary gain either in the Republic of Croatia or abroad, and the person is domiciled in the Republic of Croatia, if the monetary gain is necessary to carry out the criminal proceedings pending in the Republic of Croatia or to apply the seizure measure in the Republic of Croatia.

2. LEGAL FRAMEWORK

Croatia

International legal framework applicable for this measure in your Member State

Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders, (European Convention on Mutual Assistance in Criminal Matters is a 1959, Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, United Nations Convention against Transnational Organized Crime, United Nations Convention against Corruption, International Convention for the Suppression of the Financing of Terrorism, United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances)

3. COMPETENT AUTHORITY TO:

Croatia

* receive the request/decision for judicial cooperation

Ministry of Justice - MLA, State Attorney - Judicial Cooperation

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

Judicial authorities designated to recognize received confiscation orders issued by Member States' authorities are competent county courts in accordance with the national law. The executing judicial authorities competent for confiscation are competent State Attorney’s Offices and courts in accordance with the national law.

4. ACCEPTED LANGUAGES

Croatia

Accepted languages for the request/decision

Letters rogatory for mutual assistance/certificate 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.

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. There is a special law regulating this matter - Act on Proceedings for the Confiscation of the Pecuniary Benefits.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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