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

Конфискация (505)

1. MEASURE IMPLEMENTATION

Croatia

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

Pecuniary benefit resulting from criminal offences is established by the court by means of a verdict. In addition to contents prescribed by law, in the ruling by means of which the defendant is proclaimed guilty, the court: shall establish which property or rights represents pecuniary benefit resulting from criminal offences and their monetary equivalent, shall establish that the property or rights have passed into the ownership or have become property of the Republic of Croatia, shall order the counterparty to submit specific property or transfer specific rights to the Republic of Croatia, unless they have already been transferred to the Republic of Croatia or to pay their monetary equivalent within 15 days from the date the verdict entered into force. or shall determine that rights in favour of the Republic of Croatia are entered in the public registers managed by courts and other bodies. 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.

2. LEGAL FRAMEWORK

Croatia

International legal framework applicable for this measure in your Member State

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 in MLA cases, State Attorneys in 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.

b. Other useful information

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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