Measure Implementation

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

Pecuniary benefit resulting from criminal offences is established by the court by means of a verdict. In addition to contents prescribed by law, in the ruling by means of which the defendant is proclaimed guilty, the court: - shall establish which property or rights represents pecuniary benefit resulting from criminal offences and their monetary equivalent, - shall establish that the property or rights have passed into the ownership or have become property of the Republic of Croatia, - shall order the counterparty to submit specific property or transfer specific rights to the Republic of Croatia, unless they have already been transferred to the Republic of Croatia or to pay their monetary equivalent within 15 days from the date the verdict entered into force; or - shall determine that rights in favour of the Republic of Croatia are entered in the public registers managed by courts and other bodies. Decisions by foreign bodies, by means of which pecuniary benefit resulting from criminal offences was confiscated from the defendant or related parties, shall be recognised and enforced in the territory of the Republic of Croatia, in accordance with the international contract. If no international contract has been concluded with the respective country, the decision by a foreign body shall be recognised: - if it is not contradictory to the public order of the Republic of Croatia, - if it has not been made impossible for the party which the confiscation refers to, especially by failure of delivery, to participate in proceedings from which such a decision has arisen, - if reciprocity exists

Legal Framework

International legal framework applicable for this measure in your Member State

FD 2006/783/JHA on confiscation orders (Art. 7); Regulation 2018/1805 as of 19 Dec 2020; (CoE Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005) (Art. 23, Art. 24)

Competent Authority

* receive the request/decision for judicial cooperation

FD 2006/783/JHA on confiscation orders (Art. 7) - County State Attorney's Offices Regulation 2018/1805 as of 19 Dec 2020 - County State Attorney's Offices (CoE Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (2005)(Art. 23, Art. 24) - Ministry of Interior

Accepted languages

Accepted languages for the request/decision

Croatian. English in the need of urgency.

Execution deadline

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

-

Concise legal practical information

Special requirements

-

Last reviewed on 16 August 2022 by EJN Secretariat

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