Measure Implementation

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

In order to establish the identity of the suspect the police authorities may take his photograph, take his fingerprints, and enter the data on the identity into the appropriate data collections. In order to establish the identity of the suspect the police authorities may, upon the approval of the State Attorney, publish the suspect's photograph. Non-intimate samples may be taken from the suspect for a criminal offence for which a punishment of imprisonment is prescribed even without his/her consent for molecular genetic analysis necessary for the purpose of identification. If it is necessary to determine whose fingerprints or prints of other body parts are found on individual objects, such prints may be taken from persons who are likely to have been in the position of getting into contact with such objects. The authority conducting the proceedings may order a molecular genetic analysis if aprobability exists that data important for proving the criminal offence would be obtained by such analysis. The competent authority may order a molecular genetic analysis in order to compare biological traces taken from the place of commission of the crime or another place where there are traces of a criminal offense with biological samples taken from the defendant, victim and/or another person or to establish identity specific person or in order to compare these traces or samples with the results of molecular genetic tests obtained under Law on Criminal Procedure or other laws. For the described purpose samples of biological material will be taken: from the place of commission and another place where there are traces of the criminal act; from the defendant;from the victim; from another person. The competent body is obliged to warn the person whose samples are taken that the data will be molecularly and genetically analyzed and stored. The body that before the start of the procedure conducts a search, temporary confiscation of objects, investigation or other evidentiary action can only conduct sampling of biological material from the place where the crime was committed and other places where there are traces of the crime. Taking samples of biological material from the defendant and molecular genetic analysis of these samples is ordered by the state attorney's office. Before signing the consent, these persons will be instructed about the purpose of taking the sample and its use for the purpose of molecular genetic analysis. If they are unable to give consent or refuse to give it, the court may order the taking of biological material from those persons and the molecular genetic analysis of those samples at the suggestion of the state attorney. Molecular genetic analysis is entrusted to an expert. The test material is submitted to him in an anonymized form. Data from molecular genetic tests can be associated with a specific person only to the extent that it is necessary to fulfill the purpose of the test itself. Tested material belonging to mentioned persons may be used and processed only until joining the trail or establishing identity or origin is ruled out, and then destroyed, unless something else is prescribed by law. If it is necessary to determine the origin of fingerprints or prints of other parts of the body, on certain objects, these prints can be taken from persons who are likely to have come into contact with these objects. The aforementioned prints may be taken without the consent of a person who is likely to have come into contact with certain objects and may be used and processed only until joining the trail or determining identity or origin is ruled out, and then they are destroyed, unless something else is not prescribed by law. Onwards, prints taken from the defendant who was later convicted in the criminal proceedings are kept for twenty years after the end of the criminal proceedings. Exceptionally, if it is a criminal offense for which a prison sentence of ten years or more is prescribed, or if it is a criminal offense against sexual freedom for which a prison sentence of more than five years is prescribed. They can be kept for a maximum of forty years from the end of the criminal proceedings. Prints taken from a defendant who later in the criminal proceedings was legally acquitted, or the proceedings were suspended, or the charges were rejected, will be destroyed immediately after the conclusion of the proceedings.Prints found at the scene that are not associated with a specific person are kept permanently.

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

Article 9 para 2 of the Directive 2014/41/EU of 3 April 2014 on the European Investigation Order:” The executing authority shall comply with the formalities and procedures expressly indicated by the issuing authority unless otherwise provided in this Directive and provided that such formalities and procedures are not contrary to the fundamental principles of law of the executing State.” Most of the international agreements prescribe the possibilities of conducting requested investigative measure in accordance with the law of requesting state. For example, Article 8 of the Second Additional Protocol to the European Convention on mutual legal assistance in criminal matters prescribes the following: “Notwithstanding the provisions of Article 3 of the Convention, where requests specify formalities or procedures which are necessary under the law of the requesting Party, even if unfamiliar to the requested Party, the latter shall comply with such requests to the extent that the action sought is not contrary to fundamental principles of its law, unless otherwise provided for in this Protocol.2 In the absence of the international agreement the rule of reciprocity is being applied as well as domestic law. In accordance with the Article 10 of the Act on mutual legal assistance in criminal matters the Republic of Croatia as requesting state can execute service in accordance with the law of requesting state: (1) When providing international legal assistance, the domestic judicial body will comply with the formalities and procedures that are explicitly stated in the application as necessary according to the law of the requesting state, unless an international treaty provides otherwise and on the condition that such formalities and procedures do not contradict the principles domestic legal order. (2) The domestic judicial body decides upon the request of the foreign judicial body without delay, taking into account procedural deadlines and other specially determined deadlines explained in the request.

Last reviewed on 4 April 2024 by EJN Secretariat

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