Measure Implementation

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

Transit through the territory of the Republic of Croatia - FD 2008/909/JHA on custodial sentences The minister of justice shall, upon the request of the issuing State, permit the transit through the territory of the Republic of Croatia of a sentenced person who is being transferred to the executing State, provided that a copy of the certificate has been forwarded to it by the issuing State together with the transit request. When the Ministry of justice receives a request to permit the transit of a sentenced person who is sought by the judicial authorities of the Republic of Croatia for the purpose of conducting criminal proceedings or serving a custodial sentence for an offence committed, or a sentence imposed for an offence committed prior to the initiation of the transfer in the issuing State, it shall notify the competent authority of the issuing State thereof. The minister competent for justice affairs shall decide on the request immediately and render his or her decision no later than seven working days after the request is received. The ministry competent for justice affairs shall notify, in writing, the competent authority of the issuing State of the decision. For the purpose of the transfer, the competent court may render a decision to keep the person in detention if circumstances exist that point to a risk of flight, for such time as transit through the territory of the Republic of Croatia requires. Transit through the territory of the Republic of Croatia - FD 2002/584/JHA on EAWs The minister competent for justice affairs shall decide on the request for the transit through the territory of the Republic of Croatia of a requested person who is being surrendered from one Member State to another. A request for transit must contain the following information: 1. the first and last name, date and place of birth and nationality of the requested person; 2. the existence of a European arrest warrant; 3. the legal classification of the offence; 4. the description of the circumstances of the offence, including the date and place. If the person for whom a European arrest warrant has been issued is a national or resident of the Republic of Croatia, and if the European arrest warrant was issued for the purpose of conducting criminal proceedings, transit through the Republic of Croatia may be made subject to the condition that, after the completion of the proceedings, the person is returned to the Republic of Croatia to serve the sentence or measure involving deprivation of liberty imposed on him or her by a decision rendered by a judicial authority of the issuing State. If the requested person has to be transported from one Member State to the other by air, and if an unscheduled landing occurs on the territory of the Republic of Croatia, the minister competent for justice affairs shall grant transit through the Republic of Croatia upon a request submitted in accordance with mentioned above. The procedure described shall apply in relation to Member States when the requested person is being extradited from a third State.

Legal Framework

International legal framework applicable for this measure in your Member State

FD 2002/584/JHA on EAWs FD 2008/909/JHA on custodial sentences CoE European Convention on Mutual Assistance in Criminal Matters (1959)

Competent Authority

* receive the request/decision for judicial cooperation

Ministry of Justice and Public Administration

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 22 September 2022 by EJN Secretariat

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