Measure Implementation

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

According to Criminal Procedure Act, documents which may be used to determine facts in proceedings shall be temporarily seized and deposited for safekeeping. Whoever is in the possession of such documents shall be bound to produce them upon the request of the State Attorney, the investigator or the police authorities. State authorities may refuse to produce their files and other documents if these constitute confidential information in accordance with a special law. Legal entities may request that data related to their business be not disclosed. A decision on disclosing such data shall be made by the investigating judge or the court before which the hearing is conducted upon the reasoned motion of the State Attorney. If necessary, the authority conducting the proceedings shall, after the relevant verification, make a copy of the documents used for establishing facts, and return the original to the applicant. Files or documents which are temporarily sized because they may be used as evidence shall be listed. If this is not possible, they will be put in a separate cover and sealed. The person from whom a file or document is temporarily seized may put his own seal on the cover. According to the Act on mutual legal assistance in criminal matters, articles, documents or monetary gain which have been temporarily seized to be presented as evidence, as well as records and decisions, shall be made available to a foreign judicial authority upon its request, after the completion of the mutual legal assistance proceedings in the Republic of Croatia. The following are not subject to temporary confiscation: 1) files and other documents of state bodies, the publication of which would violate the obligation of confidentiality until the competent authority decides otherwise, 2) written communications from the defendant to the defense attorney, unless the defendant requests otherwise, 3) recordings and private diary found with persons with whom the defendant is married and cohabiting; certain relatives; adoptees and adoptive parents of the defendant, which were recorded or written by these persons, and contain recordings or records of facts about which these persons are exempted from the duty to testify, 4) records, excerpts from registers and similar documents found with the rooms with which the defendant is married and cohabiting; certain relatives; adoptive parents and adoptive parents of the defendant; of a notary public and a tax advisor, compiled on the facts that these persons learned from the defendant in the course of their profession, 5) records of facts compiled by journalists and editors in the means of public communication about the sources of information and data that they learned about in the performance of their profession and which were used when editing the means of public communication, and which are in their possession or in the editorial office where are employed. The Criminal Procedure Act also prescribes exceptions to the ban on temporary confiscation of objects

Legal Framework

International legal framework applicable for this measure in your Member State

Directive on the European Investigation Order in criminal matters: in relation to Member States that implemented the Directive. Otherwise: European Convention on Mutual Assistance in Criminal Matters (20.04.1959) and its Additional Protocols as well as applicable bilateral treaties Rule of reciprocity: Act on mutual legal assistance in criminal matters and Criminal Procedure Act

Competent Authority

* receive the request/decision for judicial cooperation

Directive on the European Investigation Order in criminal matters: County State Attorney's Offices where the evidentiary action is to be carried out, i.e. where the evidence is located; The MS EU that not implemented the EIO Directive and third States: Ministry of Justice and Public Administration International agreements: applicable provisions Rule of reciprocity : Ministry of Justice and Public Administration

Accepted languages

Accepted languages for the request/decision

Directive 2014/41/EU of 3 April 2014 on the European Investigation Order: Croatian or English language (in a need of urgency in under the condition of reciprocity) European convention on mutual legal assistance in criminal matters signed on 1959: Croatian or English language (declaration on the Article 16 of the European convention on mutual legal assistance in criminal matters signed on 1959) Article 8 of the Act on mutual legal assistance in criminal matters: “The request as well as the attached documents should be accompanied by a translation into Croatian, and if this is not possible, then into English. Translations must be officially certified.”

Execution deadline

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

Directive 2014/41/EU of 3 April 2014 on the European Investigation Order: The competent authority must execute it as soon as possible and at the latest within 90 days after the decision of recognition of the EIO. European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 the requested State executes the request for mutual legal assistance as soon as possible (Art. 1 Second additional Protocol to the Convention of 20 April 1959) There is no deadline for the execution of requests for assistance in Croatian criminal law. However, if the requested authority asks for a deadline to be observed such a deadline will be respected.

Concise legal practical information

Special requirements

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Last reviewed on 29 March 2024 by EJN Secretariat

NEXT MEASURE

  • Information and documents (A.20 - A.24)
  • A.22 Obtaining information on bank accounts and other financial accounts and on banking and other financial operations
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