General State Attorney´s Office of the Republic of Croatia may set up a joint investigation team for a purpose of carrying out criminal investigations in the Republic of Croatia and one or more Member State of European Union.
The joint investigation team shall be based on the agreement concluded between General State Attorney´s Office of the Republic of Croatia and competent authorities of the Member State of European Union. Composition of the joint investigation team is being specified by the Agreement. Joint investigation team shall be set up in the cases proscribed by the State Attorney´s Act (by this Act Republic of Croatia has implemented in its legislation Framework on Joint Investigation Teams no. 2002/465/PUP).
When the joint investigation team is being conducted in the Republic of Croatia the leader of the joint investigation team is the representative of the competent County State Attorney´s Office or the representative of the Office for the suppression of corruption and organized crime. Members of the joint investigation team from countries other than the country in which the team operates ( "seconded members") shall be entitled to be present when investigative measures are taken in the Republic of Croatia. However, the leader of the team may in accordance with the law of the Republic of Croatia, decide otherwise. In this case the leader of the team is obliged to inform the seconded member about the reasons of his/her decision. Seconded members of the joint investigation team may, in accordance with the law of the Republic of Croatia, be entrusted with the task of taking certain investigative measures where this has been approved by the competent authorities of the Republic of Croatia and the seconding Member State.
If the members of the joint investigation team of other Member States give their consent in accordance with the law of their countries, persons, other than representatives of the competent authorities of the Member States setting up the joint investigation team (for example officials of the bodies set up pursuant to the TEU) may take part in the activities of the team. The rights conferred upon the members or seconded members of the team shall not apply to these persons unless the agreement expressly states.
Joint investigation team acts in the Republic of Croatia in accordance with the conditions proscribed by the State Attorney´s Act. Republic of Croatia shall be liable for any damage caused by state attorney and deputy state attorney during their operations as members of the Joint investigation team if this damage is caused by their unlawful or irregular actions.
Evidence provided by the foreign judicial authority in the framework of the Joint investigation team shall be considered as admissible under the conditions of the reciprocity, unless it is contrary to the principles of the domestic legal order.