Fiches Belges: Croatia

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

For the purpose of insuring the confiscation of pecuniary benefit resulting from criminal offences, the proponent is authorised to propose insurance before and after initiating criminal proceedings by order to the bank to withhold the payment of the monetary amount from the account for which a temporary measure has been imposed, to the opposing party or a third party, based on an order by the opposing party. Decisions by foreign bodies, by means of which temporary or similar measures have been imposed regardless of their name, related to the insurance of the confiscation of pecuniary benefit resulting from criminal offences, shall be recognised and enforced on the territory of the Republic of Croatia, in accordance with the international agreement. If no international agreement 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 opposing party, especially by failure of delivery, to participate in proceedings from which such a decision has arisen, - if reciprocity exists.

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)

* 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)

County courts

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

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

N/A

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 and Articles 50 - 61 of the Act on the Office for the Suppression of Corruption and Organized Crime