Fiches Belges: Croacia

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

Procedure described under measure number 101

International legal framework applicable for this measure in your Member State

At the request of the foreign judicial authority, the domestic judicial authority may determine measures temporarily restricting the constitutional rights, under the presumptions and conditions established in the Criminal Procedure Code.

* receive the request/decision for judicial cooperation

Ministry of Justice

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

Competent County Court

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

A decision (eg. order, warrant...) issued by the competent judicial body of the requesting state is required in order to enable domestic judicial body to issue its own decision. According to the domestic legislation this special evidence collecing action is applicable in relation to listed criminal offences and for criminal offences with minimum prescribed prison penalty of 5 years. 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.  Additionally-see answer 1

b. Other useful information

See articles 332-339 of domestic Criminal Procedure Code