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Fiches Belges: Croatia

Hearing children (705)



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

A child shall mean a person under the age of 18. A minor who due to his age and mental development is unable to understand the meaning of the right to exemption from testifying cannot testify as a witness; however the information obtained from him through experts, relatives or other persons who have been in contact with him may be used as evidence. A warrant for compulsory appereance, as well as fine or imorisoment can not be applied on children as witnesess. A minor shall be summoned through his/her parents or legal representative. The examination of a child as a witness shall be carried out by the investigating judge. The examination shall be carried out in the absence of the judge and parties in the room where the child is situated through audio and video devices. The examination is carried out with the assistance of a psychologist, educator or other expert person and unless this is contrary to the interests of proceedings or the child, parents or a guardian may be present . during the examination. The parties may ask the child- witness questions authorised by the investigating judge through an expert. The examination shall be video-taped and audio-taped and the recording shall be sealed immediately and enclosed with the record. The child may be examined again only in exceptionalcases and in the same manner. The examination of a minor as a witness shall be carried out by the investigating judge. During the examination of a minor, especially if the minor is the injured person of the criminal offence, special care shall be taken lest the examination have a harmful effect on the mental condition of the minor. According to circumstances, the examination may be conducted in the abovedescribed manner, paying special attention to the protection of the minor. The recording of a testimony of a child will be reproduced in a hearing. The examination of children is been conducted on the evidentiary hearing.



International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters signed in 1959



* receive the request/decision for judicial cooperation

Ministry of Justice

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

County courts



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.



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




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.

Last reviewed on 6 July 2016 by EJN Secretariat

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