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
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Fiches Belges: Croatia

Enforcement of a Financial Penalty (902)

1. MEASURE IMPLEMENTATION

Croatia

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

In accordance with the Act on judicial cooperation in criminal matters between Member States of the European union, adecision on financial penalty refers to a final decision ordering a natural or legal person to pay a financial penalty, where the decision was made by: a) a court of the issuing State in respect of a criminal offence under the law of the issuing State; b) an authority of the issuing State other than a court in respect of a criminal offence under the law of the issuing State, provided that the person concerned has had an opportunity to have the case tried by a criminal court; c) an authority of the issuing State other than a court in respect of acts which are punishable under the national law of the issuing State by virtue of being infringements of the rules of law, provided that the person concerned has had an opportunity to have the case tried by a criminal court; d) a criminal court, where the decision was made regarding a decision rendered by an authority of the issuing State other than a court; Financial penalty refers to an obligation to pay: a) a sum of money on conviction of an offence imposed in the decision referred to in item 15 of this Article; b) compensation for the benefit of the victim imposed by a final decision of a criminal court; c) a sum of money in respect of the costs of the court or of administrative proceedings leading to the decision referred to in item 15 of this Article; d) a sum of money established for the benefit of a public institution, humanitarian organisation or a fund for the compensation of victims of criminal offences imposed in the decision on financial penalty

2. LEGAL FRAMEWORK

Croatia

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

3. COMPETENT AUTHORITY TO:

Croatia

* receive the request/decision for judicial cooperation

Ministry of Justice of the Republic of Croatia is the competant authority for receiving decisions on financial penalties.

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

The recognition of decisions on financial penalties is within the competence of misdemenour courts and municipal courts according to the place where the natural person concerned resides or is domiciled or where the legal person concerned has its registered seat or according to the place where these persons have property or income.

4. ACCEPTED LANGUAGES

Croatia

Accepted languages for the request/decision

The decisions on financial penalties transmitted for execution to the Croatian authorities should be translated into the Croatian language. In urgent cases, the English translation shall be accepted, on condition that the Member State transmitting a decision on financial penalties in English agrees to receive the decisions of domestic competent authorities in English.

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

In addition to the offences listed in of the Council Framework Decision, the competant court shall recognise decisions on financial penalties without verification of the double criminality for the following offences as well: – breaches of road traffic regulations, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods, – smuggling of goods; – infringements of intellectual property rights; – threats and acts of violence against persons, including violence during sport events; – criminal damage; – theft; – offences established by Member States and serving the purpose of implementing obligations arising from instruments adopted under the EC Treaty or under Title VI of the EU Treaty. In addition to the offences listed in paragraph 1 of this Article, the court shall also recognise decisions for all acts which constitute an offence under domestic law, regardless of the statutory description and legal classification of the offence under the national law of the issuing State. The execution of a financial penalty shall be subject to the provisions applicable to the execution of financial penalties imposed under domestic law.

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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