Fiches Belges
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Fiches Belges: Croatia

European Protection Order (906)

1. MEASURE IMPLEMENTATION

Croatia

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

European protection order refers to a decision, taken by a judicial or other competent authority of a Member State in relation to a protection measure, on the basis of which a judicial or other competent authority of another Member State takes appropriate measures under its own national law with a view to continuing the protection of the protected person. Protection measure refers to a measure imposed by a decision in criminal matters adopted in the issuing State in accordance with its national law, imposing on the person causing danger one or more of the following prohibitions or restrictions: a) prohibition on visiting a certain place or area; b) prohibition on approaching a certain person; c) prohibition on establishing or maintaining contact with a certain person; d) prohibition on stalking or harassing the victim or another person; e) removal from home.

2. LEGAL FRAMEWORK

Croatia

International legal framework applicable for this measure in your Member State

Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order

3. COMPETENT AUTHORITY TO:

Croatia

* receive the request/decision for judicial cooperation

The county court according to the place where the protected person resides or is domiciled.

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

Upon receipt of a European protection order issued by the competent authority of the issuing State, the investigating judge of the county court having jurisdiction for the place where the protected person resides or stays or intends to reside or stay shall immediately recognise that order and take appropriate measures for its execution. When a decision on the recognition of a European protection order becomes final, it shall be enforced in accordance with the domestic law. The final decision on the recognition of a European protection order shall be submitted for enforcement to the competent authority in accordance with the domestic law. When a decision on the recognition of a European protection order becomes final, it shall be enforced in accordance with the domestic law. The investigating judge who issued a decision on the recognition of a European protection order may order the verification of the execution of the protection measure and request a report from the police or other competent authority. The authority executing the protection measure shall immediately carry out the ordered verifications and inform thereof the competent investigating judge. The authority executing the protection measure shall inform the investigating judge of any conduct of the person causing danger which is contrary to the prohibition or restriction imposed by the decision. The investigating judge shall, without delay and by a means which leaves a written record, notify the competent authority of the issuing State or of the State of supervision of any breach of the measure taken on the basis of the European protection order.

4. ACCEPTED LANGUAGES

Croatia

Accepted languages for the request/decision

The competent judicial authority shall execute the decisions referred to in Article 1 of this Act 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)

If a European protection order is incomplete or is not accompanied by a translation, the investigating judge shall set a time limit of no more than 15 working days, by any means capable of producing a written record, for the competent authority of the issuing State to provide the missing information or a translation. The investigating judge shall postpone the decision until receipt of the missing information or a translation of the European protection order.

6. CONCISE LEGAL PRACTICAL INFORMATION

Croatia

a. Special requirements

Recognition of EPO shall be refused when protected measure relates to a criminal offence which is not considered a criminal offence under domestic law

b. Other useful information

N/A

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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