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Fiches Belges: Croatia

European Arrest Warrant (901)

1. MEASURE IMPLEMENTATION

Croatia

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

European Arrest Warrant refers to a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order. European arrest warrant may be issued for offences which are punishable on the basis of domestic law by a custodial sentence for a maximum period of at least one year, or where the final sentence has been passed for a custodial sentence of at least four months. For offences other than those listed in Article 2 paragraph 2 of the Council Framework Decision 2002/584/JHA, the competent authority shall execute a European arrest warrant issued by the competent judicial authority of another Member State for acts punishable on the basis of the national law of that State by a custodial sentence or a detention order for a maximum period of at least one year, or where the final sentence has been passed or a detention order has been made for sentences of at least four months, subject to the condition that those acts constitute an offence under domestic law, whatever the constituent elements or however they are described.

2. LEGAL FRAMEWORK

Croatia

International legal framework applicable for this measure in your Member State

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States

3. COMPETENT AUTHORITY TO:

Croatia

* receive the request/decision for judicial cooperation

The designated judicial authorities responsible for receiving European arrest warrants are competent County State Attorney's Offices depending on the place where the person sought is found, resides or is domiciled. In cases where the exact whereabouts of the person concerned are unknown, or when the person's domicile or residence are not within the Republic of Croatia, the designated judicial authorities responsible for receiving European arrest warrant is the County State Attorney's Office Zagreb.

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

The executing judicial authorities responsible to execute a European arrest warrant, in accordance with Article 6 (3) of the Council Framework Decision 2002/584/JHA, are competent county courts in accordance with the national law.

4. ACCEPTED LANGUAGES

Croatia

Accepted languages for the request/decision

An European Arrest Warrant transmitted for execution to the Croatian authorities should be translated into Croatian language. Additionally, in case of urgency, the English translation shall also be accepted if the Member State, when acting as an executing state, also accepts European Arrest Warrant in English language i.e. on the basis of reciprocity.

5. EXECUTION DEADLINE

Croatia

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

In accordance with the Council Framework Decision 2002/584/JHA

6. CONCISE LEGAL PRACTICAL INFORMATION

Croatia

a. Special requirements

The police may, in accordance with its powers under the law governing police conduct, arrest the person for whom a European arrest warrant or an international wanted notice has been issued, at the request of a Member State. The person shall be handed over to the custody supervisor no later than 24 hours after the arrest, and the competent State Attorney shall be notified thereof and sent the European arrest warrant and/or the alert in the Schengen Information System and/or the international wanted notice on the basis of which the person was arrested. If the documentation does not contain the translation of the decisions and the accompanying documents , the police shall request the issuing State to provide the translation within 48 hours of the arrest. The competent State Attorney may directly require the competent authority of the issuing State to submit the translation of the European arrest warrant. No later than 16 hours after the arrested person is handed over to the custody supervisor, the State Attorney shall interrogate him or her with regard to the circumstances stated in the documentation submitted by the police. If the European arrest warrant or an alert and the translation of the decision and accompanying documnets are not in the possession of the State Attorney, he or she may issue a decision imposing custody for a period of not more than 48 hours after the time of arrest. If the State Attorney does not receive the translation of the decisions and the accompanying documents within the mentioned time limit, the investigating judge may, on the proposal of the State Attorney, prolong the custody for a further 36 hours. If the issuing State does not submit the documentation within the above mentioned time limits , the arrested person shall be released. If the issuing State submits the documentation after the expiry of the time limits 84 hours, the police shall arrest the requested person again and shall, within 24 hours of the arrest, bring him or her before the competent investigating judge for the purpose of deciding on detention and initiating the surrender procedure. The time limits referred to in Article 17 of the Council Framework Decision 2002/584/JHA shall start running from the moment the requested person is arrested again.

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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