Fiches Belges

No, it is not possible under International Judicial Cooperation. This measure can only be conducted in the framework of international police cooperation.

Article 40 of the Convention Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders prescribes the cross-border surveillance as s form of police cooperation. In accordance with mentioned provision officers of one of the Contracting Parties who, as part of a criminal investigation, are keeping under surveillance in their country a person who is presumed to have participated in an extraditable criminal offence shall be authorised to continue their surveillance in the territory of Republic of Croatia where the latter has authorised cross-border surveillance in response to a request for assistance made in advance. Conditions may be attached to the authorisation. So, the authorisation can be given by the police, in the framework of police cooperation. Act on judicial cooperation in criminal matters with Member State of the European Union and Act on mutual legal assistance in criminal matters do not prescribe the procedure of giving such authorisation in the framework of judicial cooperation. Furthermore, the Republic of Croatia gave reservation on the Article 19 of the Second Additional Protocol to the European Convention on mutual legal assistance in criminal matters signed on 2001 that regulates cross-borders observations that corresponds to cross-border surveillance

International police cooperation: Ministry of Interior

English language

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Cross-border surveillance is being conducted in the framework of police cooperation when the general conditions prescribed in the Article 40 para 3 of the Schengen Convention are met. Mentioned surveillance may only be carried out where one of the following criminal offences is involved: murder, manslaughter, rape, arson, forgery of money, aggravated burglary and robbery and receiving stolen goods, extortion, kidnapping and hostage taking, trafficking in human beings, illicit trafficking in narcotic drugs and psychotropic substances, breach of the laws on arms and explosives, wilful damage through the use of explosives, illicit transportation of toxic and hazardous waste.