Measure Implementation

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

On-site investigation is carried out in instances where direct observation is necessary for establishing or clarifying a fact material to criminal proceedings. Search may be carried out by the State Attorney, investigator or police, without the court warrant, when they carry out an on-site investigation of the site where a criminal offence was committed which is subject to public prosecution. Search may be carried out immediately or within eight hours since the criminal offence was discovered. Exceptions are searches of flats or other premises that may be carried out only in accordance with the special law regulating special conditions for the search of those places. Through observation, the facts in the procedure are determined or clarified by observing with one's own senses and their aids. When conducting an investigation, data that are important with regard to the meaning of such an action or for determining the identity of certain objects (description, measurements and size of objects or traces, marking of objects, etc.) will be entered in the record, and if sketches were made, drawings, plans, photographs, film or other technical recordings, this will be stated in the minutes and attached to the minutes. In addition to the investigation of the place where the crime was committed, a reconstruction and an experiment can be carried out, which can be determined for the purpose of verification presented evidence or establishing facts that are important for clarifying the matter. The difference between an experiment and a reconstruction is that the reconstruction is done so that the actions or situations are repeated in the conditions under which they were performed evidence the event took place, while an experiment is undertaken to examine the impact certain circumstances to a certain thing, state or relationship.

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 have 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 4 April 2024 by EJN Secretariat

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  • Examination and identification (A.40-A.43)
  • A.40 Body search
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