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

Междинни мерки поради конфискация (504)

1. MEASURE IMPLEMENTATION

Croatia

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

Provisional measures securing a claim for indemnification arising out of the perpetration of an offence may be ordered in the criminal proceedings upon the motion of an authorized person and according to the rules on enforcement proceedings. According to the Act on proceedings for the confiscation of pecuniary benefit resulting from criminal offences and misdemeanours, for the purpose of insuring the confiscation of pecuniary benefit resulting from criminal offences, the proponent is authorised to propose insurance by means of any temporary measure for achieving this purpose before and after initiating criminal proceedings, in particular: by means of prohibiting the confiscation and taxing of real estate or real rights entered on the real estate, with the annotation of the ban entered in the land register, by confiscation of the real estate and entrusting the Office with its keeping and management, by prohibiting the opposing party to confiscate or tax movables, by confiscating this property and entrusting the Office with its keeping, by confiscating and depositing cash and securities and handing them over to the Office, by prohibiting the debtor of the opposing party to voluntarily fulfil their obligation towards the opposing party and by prohibiting the opposing party to receive the fulfilment of the respective obligation, i.e. to access their claims, 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, by prohibiting the confiscation and taxing of shares, stakes or business interests, with annotation of the prohibition in the book of shares, stakes or business interests, and upon necessity, also in the public register, by prohibiting the exercise of or access to rights based on such shares, stakes or business interests, by entrusting the Office with the management of stakes, shares or business interests, by appointment of a temporary management for the company, by prohibiting the debtor of the opposing party to submit property, transfer a right or perform another non-monetary action towards 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.

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,  (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 orders freezing property or evidence issued by Member States' authorities are competent county courts in accordance with the national law. The executing and issuing judicial authorities, competent for orders freezing property or evidence issued by Member States’ competent authorities are competent State Attorney’s Offices and competent courts.

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)

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.

6. CONCISE LEGAL PRACTICAL INFORMATION

Croatia

a. Special requirements

Not relevant

b. Other useful information

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

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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