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

Probation measures (904)

1. MEASURE IMPLEMENTATION

Croatie

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

Probation measure refers to obligations and instructions imposed on a natural person by a competent authority of the issuing State in accordance with its national law, in connection with a suspended sentence, a conditional sentence or conditional release. The provisions of this Title shall apply to: 1. the recognition of a judgment imposing a custodial sentence or measure involving deprivation of liberty when the conditional release of the sentenced person is granted, and of a judgment imposing a suspended or conditional sentence or alternative sanction; 2. the recognition of probation decisions; 3. the transfer of responsibility for the supervision of probation measures and alternative sanctions; 4. all other decision of the competent authorities related to those under items 1 to 3 .

2. LEGAL FRAMEWORK

Croatie

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions or CoE European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders 1964

3. COMPETENT AUTHORITY TO:

Croatie

* receive the request/decision for judicial cooperation

The competent authority for receiving the request is the county court within jurisdiction for 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)

The county court shall also recognise a judgement or decision imposing a probation measure or alternative sanction for acts which contain the essential elements of an offence under the domestic law, regardless of the statutory description and legal classification of the offence indicated in the received decision. It shall also apply to the forwarding of domestic courts’ judgments and decisions imposing probation measures or alternative sanctions, accompanied by the certificate to the competent authorities of the Member States for the purpose of their recognition and enforcement.

4. ACCEPTED LANGUAGES

Croatie

Accepted languages for the request/decision

The competent judicial authority shall execute the decisions issued by foreign judicial authorities if these decisions 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)

The court shall without delay issue a decision recognising the foreign judgment or probation decision, unless it decides to invoke one of the grounds for refusing recognition and enforcement of the judgment or probation decision.

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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