Fiches Belges: Croatia

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

The witness may be confronted with the other witness or the defendant if their testimonies do not correspond regarding the relevant facts. The confronted persons shall be separately examined on any circumstance on which their testimonies do not correspond, and their answers shall be entered into the record. Only two persons may be confronted at a time. A record on confrontation shall be made. The confrontation must be recorded by an audio or video recording device. The recording shall be enclosed with the record. If the confrontation has not been recorded, the record cannot be used as evidence. The defendant may be confronted with a witness or another defendant if their statements do not correspond regarding relevant facts, unless a witness is a child. The confronted persons shall be separately interrogated on every circumstance on which their statements do not correspond, and their answers shall be entered in the record. Not more than two persons may be confronted at the same time. A record on confrontation shall be made. The confrontation during interrogation must be recorded by an audio or video recording device. The recording shall be enclosed with the record.

International legal framework applicable for this measure in your Member State

Mutual legal assistance is afforded in the widest sense, in compliance with the principles of domestic legal order, principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights.

* 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)

N/A

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. authorities. Child cannot be confronted with defendant or witness.

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