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

Изслушване на свидетели: стандартна процедура (702)

1. MEASURE IMPLEMENTATION

Croatia

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

Persons summoned as witnesses are bound to respond to the summons, and unless the Criminal Procedure Act stipulates differently, is bound to testify. Witnesses are interrogated each separately and without other witnesses present. Witness is bound to repspond to questions orally. Before testifying, the witnesss shall be warend to tell the truth, that he/she must not withold anything and that giveing a false testimony is a criminal offence. Witnsss shall also be instructed that he/she is not bound to give answers to unnecessary questions relating srictly private life of the VICITM and to those questions that would tend to bring disgrace upon him/her or his/her near relatives or considerable material damage or involve him/her in criminal prosecution.Thereafter, the witness shall be asked to disclose all they know concerning the criminal case about which they are interrogated, upon which the witness shall be asked questions for the purposes of verification, clarification. In certain cases a person may not be interrogated as a witness (persons obliged under the law to secretcy of information until absolved of the obligation; counsel for the accused unless the accussed requires that the counsel testifies; the accussed when proceeding have been joint; priests on the contents of the confession). Certain persons are absolved from the obligation to testify (spouses, relatives of the accused; notary publics and tax advisors within the limits of obligation of secrecy; lawyers, doctors, denitsts, psychologists and social workers on what they have come to know from the accussed while exercising their duties, journalists on the sources of their information with the exeption for the criminal offences of slender and lible.

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

Ministry of Justice

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

County courts

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

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. Additionally see Articles 283 - 300 of Criminal Procedure Code

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
  • ® 2021 EJN. All Rights Reserved