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

Execution of a Supervision Measure (905)

1. MEASURE IMPLEMENTATION

Croatia

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

Supervision measures refer to obligations imposed on a natural person, as an alternative to provisional detention, on the basis of the applicable law and in accordance with the prescribed procedure of the issuing State. It shall apply to the recognition and execution of decisions issued by foreign judicial authorities imposing supervision measures on a person who resides or is domiciled in the territory of the Republic of Croatia and has agreed to return to the Republic of Croatia while the criminal proceedings are being conducted and to the forwarding of decisions of domestic judicial authorities imposing supervision measures on a person who is lawfully and ordinarily residing in the territory of a Member State and has agreed to return to that Member State.

2. LEGAL FRAMEWORK

Croatia

International legal framework applicable for this measure in your Member State

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention or CoE European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders 1964

3. COMPETENT AUTHORITY TO:

Croatia

* receive the request/decision for judicial cooperation

The competent authority for receiving the decisions is the County State Attorney's Office according to the place where the person concerned resides or is domiciled (for MLA matters Ministry of Justice)

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

The county court having jurisdiction for the place where the person is domiciled or resides shall recognise and submit for execution the decisions of the competent authorities of the issuing State containing the following supervision measures: 1) prohibition on leaving the place of residence and changing the address used for delivery of summons, except with prior notification to the competent authority of the executing State; 2) prohibition on visiting a certain place or area; 3) prohibition on leaving a certain area, along with the temporary seizure of a travel or other document required for crossing the state border; 4) obligation to report at regular intervals to a certain person or government authority; 5) prohibition on approaching a certain person; 6) prohibition on establishing or maintaining contact with a certain person; 7) prohibition on pursuing a certain business activity; 8) prohibition on driving a motor vehicle, along with a suspension of the driving licence; 9) prohibiton on stalking or harassing the victim or another person; 10) removal from home.

4. ACCEPTED LANGUAGES

Croatia

Accepted languages for the request/decision

The competent judicial authority shall execute the decisions issued by foreign judicial authorities if these decisions and the accompanying documents are translated into the Croatian language. In urgent cases, the English translation shall be accepted, on condition that the Member State transmitting a decision 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)

After receiving a decision on supervision measures and a certificate, the competent court shall immediately initiate the recognition procedure and, within a time limit of no more than 15 days of receipt, shall issue a decision on the recognition of the decision of a foreign judicial authority imposing supervision measures , and shall forward it for execution after it becomes final. If an appeal has been filed against the decision on recognition of a foreign decision on supervision measures, the time limit set of 15 days shall be extended by another 15 working days. (3) If it is not possible, in exceptional circumstances, for the competent court to issue the decision on the recognition of a decision on supervision measures within the above mentioned time limits , it shall inform the competent authority of the issuing State, giving reasons for the delay and indicating the expected date by which the decision will be issued and become final.

6. CONCISE LEGAL PRACTICAL INFORMATION

Croatia

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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