Fiches Belges: Croatie

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

A search of the flat and other premises shall be carried out with the purpose of finding the perpetrator of a criminal offence, objects or traces important for the criminal procedure, when it is probable that these may be found in certain premises. The provisions on search are not applicable to natural, public or abandoned premises. A search of a flat or other premises shall also include the search of movable property and all persons found in the flat or premises, if this is stated in the search warrant or if preconditions for a search without a warrant with regard to the particular person exist. The investigating judged orders a search upon the request of the State Attorney by a written and reasoned search warrant. The search will be carried out by the State Attorney, the investigator or police authorities. Prior to the commencement of the search the person to whom the search warrant refers to shall be instructed that he or she is entitled to notify a defence counsel who may be present during the search . The authority carrying out the search shall allow this person to call a defence counsel of his/her own choosing and shall therefore halt the search until the arrival of the defence counsel. The search will be halted for a maximum period of three hours from the moment the person stated he wishes to call a defence counsel. The owner of the flat or other premises, the person residing in a flat or his/her representative has a right to be present during the search of his flat or premises. During the search, two adult persons must be present as witnesses. If a search is carried out in government premises, the head of the premises is invited to be present at the search. If it is carried out in the premises of other legal entity, its representative shall be invited to be present during the search.

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters is a 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)

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. 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.  Additionally see Articles 240 - 250, 252 - 256 of Criminal Procedure Code