Measure Implementation

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

In a decision on the recognition of a European protection order, issued during the criminal proceedings, the investigating judge shall impose the supervision measure in accordance with the domestic law. In a decision on the recognition of a European protection order, issued after the probation decision or alternative sanction has been imposed, the investigating judge shall impose a special obligation. The prohibitions and restrictions imposed by the supervision measures and special obligations shall, to the highest degree possible, correspond to those imposed in the issuing State. The decision on the recognition of the European protection order shall be forwarded without delay to the issuing State, the protected person, his or her legal representative or guardian and the person causing danger, together with the information about the legal consequences of a breach of these measures. The address and other contact details of the protected person shall not be disclosed to the person causing danger unless such details are necessary in view of the enforcement of the protection measure. The investigating judge shall refuse to recognise a European protection order if: 1. the European protection order is not complete, or the missing information or a translation has not been submitted within the time limit laid down in Article 131u(2) of this Act; 2. the European protection order contains a measure that is not provided for in Article 2 point 29 of this Act; 3. the protection measure relates to an act that does not constitute a criminal offence under the domestic law; 4. the person causing danger benefits from an immunity under the domestic law; 5. recognition of the European protection order would infringe upon the ne bis in idem principle; 6. the person causing danger is under the age of 14. The investigating judge may refuse to recognise a European protection order: 1. if the European protection order has been issued for an act covered by an amnesty in the Republic of Croatia, and a domestic court has jurisdiction under the law; 2. if the criminal prosecution of the person causing danger as regards the act in relation to which the protection measure has been issued is statute-barred according to domestic law and the act falls within the jurisdiction of the Republic of Croatia under its domestic law; 3. if the protection measure relates to an offence which, under the domestic law, is regarded as having been committed, wholly or for a major or essential part, within the territory of the Republic of Croatia or in a place equivalent to its territory. If the investigating judge refuses to recognise a European protection order for one or more reasons referred to in paragraph 1 of this Article, he or she shall: 1. without delay, inform the issuing State and the protected person of this refusal and the reasons for the refusal; 2. inform the protected person about the possibility of filing an appeal against the decision.

Legal Framework

International legal framework applicable for this measure in your Member State

Directive 2011/99/EU on European Protection Order

Competent Authority

* receive the request/decision for judicial cooperation

County courts having jurisdiction for the place where the protected person resides or is domiciled

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

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Last reviewed on 17 August 2022 by EJN Secretariat

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