Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Croatie

Enforcement of a Custodial Sentence (903)

1. MEASURE IMPLEMENTATION

Croatie

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

Judgment refers to a final decision of a court of the issuing State, issued after the completion of criminal proceedings and establishing that a natural person has committed a criminal offence and imposing: a) a custodial sentence or measure involving deprivation of liberty for a limited or unlimited period of time; b) a custodial sentence or measure involving deprivation of liberty, when conditional release is granted or the sentence is passed by imposing one or more probation measures; c) a suspended sentence; d) a conditional sentence; e) an alternative sanction;

2. LEGAL FRAMEWORK

Croatie

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union or CoE Convention on transfer of Sentenced Persons 1983

3. COMPETENT AUTHORITY TO:

Croatie

* receive the request/decision for judicial cooperation

The competent authority for receiving the decision is the county court according to the place where the person concerned resides or is domiciled, or alternatively, of the place where the family of the sentenced person resides or is domiciled (for MLA matters Ministry of Justice)

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

County Courts

4. ACCEPTED LANGUAGES

Croatie

Accepted languages for the request/decision

The competent judicial authority shall execute the decision issued by foreign judicial authorities if this decision and the accompanying documents are translated into the Croatian language. In urgent cases, the English translation shall be accepted, on condition that the Member State transmitting a decision in English agrees to receive the decisions of domestic competent authorities in English.

5. EXECUTION DEADLINE

Croatie

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

After receiving the judgment and the certificate, the court shall immediately initiate the procedure and, within a time limit of no more than 90 days, shall bring a decision on the recognition of the judgment and issue a decision committing the person to serve the sentence, unless it decides to postpone the recognition of the judgement (if the certificate accompanying it is incomplete or manifestly does not correspond to the judgment, and Court has set a time limit of no more than seven working days for the issuing State to complete or correct the certificate) (2) The sentenced person and the competent State Attorney may appeal against a decision on recognition of the judgment within 8 days from the date this decision was served. The higher court must decide upon this appeal within 15 days. (3) The court shall notify the competent authority of the issuing State of an exceptional case when it is not practicable to comply with the time limit of 90 days, giving the reasons for the delay and the estimated time needed for the final decision to be brought.

6. CONCISE LEGAL PRACTICAL INFORMATION

Croatie

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 juillet 2016 by Secrétariat du RJE

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