Fiches Belges: Croatie

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

The State Attorney or the police may check the alibi and other important facts for the institution and conducting of the criminal proceedings by means of a telephone link that allows a simultaneous communication to the interrogated persons (telephone conference).

International legal framework applicable for this measure in your Member State

Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters 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

Competent court may also comply with a special request of an international body regarding the form and the contents of the audio-video conference or with another special request of an international body according to the regulations of a special law or an international contract.

b. Other useful information

The records of the telephone conference must contain the data on the identity of the persons in the telephone communication, the data on the status in which the person gives the statement, and, depending on that status, the appropriate personal data.The recording of the telephone conference from paragraph 1 of this Article may be used as evidence in criminal proceedings: 1) if the person that was interrogated as a witness was warned according to Article 288 paragraph 3 and 289 of this Act and warned about the recording, and accepted that the recording is used as evidence 2) if the defendant was previously instructed on his rights according to Article 239 paragraph 1 and Article 275 paragraph 3 of this Act;3) if the defense counsel was present when the defendant was interrogated.