Croatia - Revision history

Unknown user at 14:00, 17 July 2020

2020-07-17T14:00:38Z

← Older revision		Revision as of 16:00, 17 July 2020
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	iv. Discovery		iv. Discovery
	The defense counsel has the right to inspect, copy, or record the evidence files. (CPC Art. 74).		The defense counsel has the right to inspect, copy, or record the evidence files. (CPC Art. 74).


	b. Trial		b. Trial
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	CPC Art. 43 governs the rights of victims throughout the criminal process. Victims are entitled to access psychological and other expert help in recovering from the offence, to participate in criminal proceedings as an injured person, and other rights that may be prescribed by law. Where the crime is one that can be punished for a term of five years or more, victims of a criminal offence shall have a right to counsel at the expense of the court before giving testimony or while submitting claims for indemnification for severe injuries, as well as a right to compensation for material and immaterial damages.		CPC Art. 43 governs the rights of victims throughout the criminal process. Victims are entitled to access psychological and other expert help in recovering from the offence, to participate in criminal proceedings as an injured person, and other rights that may be prescribed by law. Where the crime is one that can be punished for a term of five years or more, victims of a criminal offence shall have a right to counsel at the expense of the court before giving testimony or while submitting claims for indemnification for severe injuries, as well as a right to compensation for material and immaterial damages.
	CPC Art. 51 offers entitlements to injured parties during criminal proceedings. They are entitled to communicate in their native language (and be assisted by a translator), to file a claim for indemnification; to have a legal guardian; to point out facts and suggest evidence; to be present at the evidentiary hearing; to be present at the hearing, participate in evidentiary proceedings, and make a closing statement; to inspect documents and files; to file a motion for prosecution and a private charge; to be informed of criminal charges that are dismissed or that the State Attorney decides not to proceed with; to take over prosecution from the state Attorney; to request that the case be reverted to an earlier state; and to be informed of the outcome of criminal proceedings.		CPC Art. 51 offers entitlements to injured parties during criminal proceedings. They are entitled to communicate in their native language (and be assisted by a translator), to file a claim for indemnification; to have a legal guardian; to point out facts and suggest evidence; to be present at the evidentiary hearing; to be present at the hearing, participate in evidentiary proceedings, and make a closing statement; to inspect documents and files; to file a motion for prosecution and a private charge; to be informed of criminal charges that are dismissed or that the State Attorney decides not to proceed with; to take over prosecution from the state Attorney; to request that the case be reverted to an earlier state; and to be informed of the outcome of criminal proceedings.


	c. Sentencing		c. Sentencing
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	CPC Arts. 456-457 stipulate how the judgment is to be pronounced.		CPC Arts. 456-457 stipulate how the judgment is to be pronounced.
	Finally, CPC Arts. 458-462 detail how judgements are to be drawn up and served. The written judgment generally includes an introduction, the ordering part (outlining which offences the accused is or is not guilty of), and the reasons for the judge’s finding on each count. (CPC Art. 459(1)-(5)). If a punishment is to be issued, the statement of reasons shall indicate circumstances taken into account in fixing the terms of punishment. (CPC Art. 459(6)). When issuing a fine, suspended sentence, or admonition of the accused, the written judgment does not need to include a statement of reasons. (CPC Art. 460).		Finally, CPC Arts. 458-462 detail how judgements are to be drawn up and served. The written judgment generally includes an introduction, the ordering part (outlining which offences the accused is or is not guilty of), and the reasons for the judge’s finding on each count. (CPC Art. 459(1)-(5)). If a punishment is to be issued, the statement of reasons shall indicate circumstances taken into account in fixing the terms of punishment. (CPC Art. 459(6)). When issuing a fine, suspended sentence, or admonition of the accused, the written judgment does not need to include a statement of reasons. (CPC Art. 460).


	d. Appeals		d. Appeals

Unknown user at 13:59, 17 July 2020

2020-07-17T13:59:40Z

← Older revision		Revision as of 15:59, 17 July 2020
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	a. Pre-Trial		a. Pre-Trial

	i. Charging Instrument		i. Charging Instrument
	The criminal proceedings shall commence by confirming the indictment, scheduling a trial, and by pronouncing a judgment on issuing a criminal order. (CPC Art. 17).		The criminal proceedings shall commence by confirming the indictment, scheduling a trial, and by pronouncing a judgment on issuing a criminal order. (CPC Art. 17).
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	b. Trial		b. Trial

	i. Nature of the Trial		i. Nature of the Trial
	Chapter II of the Serbian Criminal Procedure Code specifies the composition of trial panels. Chapter II(2) delineates the territorial jurisdiction of the courts. While Article 19 of the CPC stipulates that subject matter jurisdiction and court composition shall be determined by distinct legislation.		Chapter II of the Serbian Criminal Procedure Code specifies the composition of trial panels. Chapter II(2) delineates the territorial jurisdiction of the courts. While Article 19 of the CPC stipulates that subject matter jurisdiction and court composition shall be determined by distinct legislation.
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	c. Sentencing		c. Sentencing

	CPC Arts. 448-450 govern the rendering of a judgment following deliberation and voting.		CPC Arts. 448-450 govern the rendering of a judgment following deliberation and voting.
	CPC Arts. 451-455 regulate the types of judgments that can be rendered.		CPC Arts. 451-455 regulate the types of judgments that can be rendered.
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	d. Appeals		d. Appeals

	i. General		i. General
	The right to appeal is stipulated in CPC Art. 463. The procedure for the right of appeal is delineated throughout Chapter XXIII of the CPC, including who may file an appeal, what the contents of an appeal contain, and the grounds for challenging a judgement.		The right to appeal is stipulated in CPC Art. 463. The procedure for the right of appeal is delineated throughout Chapter XXIII of the CPC, including who may file an appeal, what the contents of an appeal contain, and the grounds for challenging a judgement.

Unknown user at 13:10, 17 July 2020

2020-07-17T13:10:10Z

← Older revision		Revision as of 15:10, 17 July 2020
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	Criminal law in Croatia is currently governed by the Constitution, the Criminal Code (Kazneni zakon) of 2011 (last amended in 2019), and the Criminal Procedure Code (Zakon o kaznenom postupku) of 1997 (last amended in 2019), abbreviated in this profile as Const., CC, and CPC respectively. Detention of criminal offenders is governed by the Execution of Prison Sentence Act (Zakon o izvršavanju kazne zatvora - hereafter, “EPSA”).		Criminal law in Croatia is currently governed by the Constitution, the Criminal Code (Kazneni zakon) of 2011 (last amended in 2019), and the Criminal Procedure Code (Zakon o kaznenom postupku) of 1997 (last amended in 2019), abbreviated in this profile as Const., CC, and CPC respectively. Detention of criminal offenders is governed by the Execution of Prison Sentence Act (Zakon o izvršavanju kazne zatvora - hereafter, “EPSA”).


	==Type of system==		==Type of system==
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	==Pre-trial phase==		==Pre-trial phase==


	Police Procedures		Police Procedures

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	Evidence illegally obtained shall not be admissible in court proceedings. (Const. Art. 29), (CPC Art. 10). Illegal evidence is obtained by torture, cruel treatement, or inhuman treatment; through a violation of fundamental human rights to defence, dignity, reputation, honour and inviolability of private and family life; by violating criminal procedure; or obtained through illegal evidence. (CPC Art. 10(2)).		Evidence illegally obtained shall not be admissible in court proceedings. (Const. Art. 29), (CPC Art. 10). Illegal evidence is obtained by torture, cruel treatement, or inhuman treatment; through a violation of fundamental human rights to defence, dignity, reputation, honour and inviolability of private and family life; by violating criminal procedure; or obtained through illegal evidence. (CPC Art. 10(2)).

	b. Right to Counsel		Right to Counsel
	The defendant has the right to have a counsel. (Const. Art. 29; CPC Art. 5, 64(4)-(7)). Detainees have a right to communicate with their defense counsel freely and without supervision. (CPC Art. 114).		The defendant has the right to have a counsel. (Const. Art. 29; CPC Art. 5, 64(4)-(7)). Detainees have a right to communicate with their defense counsel freely and without supervision. (CPC Art. 114).

Unknown user at 13:08, 17 July 2020

2020-07-17T13:08:00Z

← Older revision		Revision as of 15:08, 17 July 2020
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	Due in part to its former status as a member of the Austro-Hungarian Empire, Croatia uses a civil law system influenced by German and Austrian models. The law is codified into constantly updated written statutes and codes which establish legal procedure, elements of crimes, and the penalties accorded to those who commit them. In a civil law system, judges establish the facts of a case and then apply penalties in accordance with the written law, placing far less emphasis on precedent than would be the case in a common law system.		Due in part to its former status as a member of the Austro-Hungarian Empire, Croatia uses a civil law system influenced by German and Austrian models. The law is codified into constantly updated written statutes and codes which establish legal procedure, elements of crimes, and the penalties accorded to those who commit them. In a civil law system, judges establish the facts of a case and then apply penalties in accordance with the written law, placing far less emphasis on precedent than would be the case in a common law system.


	==The Legal Aid Situation in the Country==		==The Legal Aid Situation in the Country==

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	CPC Art. 206: If the State Attorney dismisses a crime report, they must do so with a statement of reasons and notify the injured person within eight days of the dismissal. If the State Attorney cannot determine whether the allegation is credible, they shall order the police authorities to obtain information required for such a determination if they cannot do so themselves. The police authorities are bound to proceed in accordance with the order of the State Attorney and shall notify them of any measures taken within 30 days of the request for an inquiry. The State Attorney can request that authorities temporarily take objects, documents, etc. which may serve as evidence, with non-compliant persons and entities subject to fines. The State Attorney may also summon the person who filed the crime report and any persons whose statements they believe will contribute to the assessment of the allegation’s credibility. If it is unclear what crime is being alleged, then the person making the report may be summoned to correct and supplement it (within 15 days).		CPC Art. 206: If the State Attorney dismisses a crime report, they must do so with a statement of reasons and notify the injured person within eight days of the dismissal. If the State Attorney cannot determine whether the allegation is credible, they shall order the police authorities to obtain information required for such a determination if they cannot do so themselves. The police authorities are bound to proceed in accordance with the order of the State Attorney and shall notify them of any measures taken within 30 days of the request for an inquiry. The State Attorney can request that authorities temporarily take objects, documents, etc. which may serve as evidence, with non-compliant persons and entities subject to fines. The State Attorney may also summon the person who filed the crime report and any persons whose statements they believe will contribute to the assessment of the allegation’s credibility. If it is unclear what crime is being alleged, then the person making the report may be summoned to correct and supplement it (within 15 days).

	Arrest, Search and Seizure Laws		i. Arrest, Search and Seizure Laws

	● Stops and Frisks		● Stops and Frisks
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	The Criminal Code contains a number of relevant offences that can be committed by state officials during the criminal process: CC Art.298 : unlawful search; CC Art. 136: unlawful deprivation of liberty; CC Art. 297: extortion of statements by coercion; CC Art. 291: maltreatment in the execution of duty or public authority; CC Art. 142: violating the privacy of correspondence and other pieces of mail; and CC Art. 143: unauthorized recording and eavesdropping.		The Criminal Code contains a number of relevant offences that can be committed by state officials during the criminal process: CC Art.298 : unlawful search; CC Art. 136: unlawful deprivation of liberty; CC Art. 297: extortion of statements by coercion; CC Art. 291: maltreatment in the execution of duty or public authority; CC Art. 142: violating the privacy of correspondence and other pieces of mail; and CC Art. 143: unauthorized recording and eavesdropping.

	ii. Lineups and Other Identification Procedures		ii. Lineups and Other Identification Procedures

	● CPC Art. 301: Lineups are not specifically mentioned in the CPC; however, it does cover identification of persons generally. Identification of a person is determined through comparison with other people. Prior to any line-up, the person performing the identification will be asked whether they have been shown the subject of the identification after the observation period and prior to identification and whether they are aware of any circumstances that might affect the identification. They will then be asked to describe the subject of the identification with as much detail as possible, note how the subject can be distinguished from others, and describe how they initially observed the individual. They shall then be shown the subject of the identification along with other, unknown persons. Identifications of this type can also be carried out remotely via audio or video recording devices, if the written attempt of the person conducting the identification is obtained. Identifications by the defendant are conducted pursuant to CPC Arts. 273 and 275, while those carried out by witnesses are governed by CPC Art. 288(2)-(4). The entire process shall be recorded.		● CPC Art. 301: Lineups are not specifically mentioned in the CPC; however, it does cover identification of persons generally. Identification of a person is determined through comparison with other people. Prior to any line-up, the person performing the identification will be asked whether they have been shown the subject of the identification after the observation period and prior to identification and whether they are aware of any circumstances that might affect the identification. They will then be asked to describe the subject of the identification with as much detail as possible, note how the subject can be distinguished from others, and describe how they initially observed the individual. They shall then be shown the subject of the identification along with other, unknown persons. Identifications of this type can also be carried out remotely via audio or video recording devices, if the written attempt of the person conducting the identification is obtained. Identifications by the defendant are conducted pursuant to CPC Arts. 273 and 275, while those carried out by witnesses are governed by CPC Art. 288(2)-(4). The entire process shall be recorded.
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	● CPC Arts. 301-303 govern identification for objects and other non-person entities. In most respects, the same rules apply to identifications of non-person entities as apply to identifications of people.		● CPC Arts. 301-303 govern identification for objects and other non-person entities. In most respects, the same rules apply to identifications of non-person entities as apply to identifications of people.

	iv. Interrogation		iii. Interrogation

	● Before Formal Charge in Court		● Before Formal Charge in Court
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	Evidence illegally obtained shall not be admissible in court proceedings. (Const. Art. 29), (CPC Art. 10). Illegal evidence is obtained by torture, cruel treatement, or inhuman treatment; through a violation of fundamental human rights to defence, dignity, reputation, honour and inviolability of private and family life; by violating criminal procedure; or obtained through illegal evidence. (CPC Art. 10(2)).		Evidence illegally obtained shall not be admissible in court proceedings. (Const. Art. 29), (CPC Art. 10). Illegal evidence is obtained by torture, cruel treatement, or inhuman treatment; through a violation of fundamental human rights to defence, dignity, reputation, honour and inviolability of private and family life; by violating criminal procedure; or obtained through illegal evidence. (CPC Art. 10(2)).

	b. Right to Counsel		b. Right to Counsel
	The defendant has the right to have a counsel. (Const. Art. 29; CPC Art. 5, 64(4)-(7)). Detainees have a right to communicate with their defense counsel freely and without supervision. (CPC Art. 114).		The defendant has the right to have a counsel. (Const. Art. 29; CPC Art. 5, 64(4)-(7)). Detainees have a right to communicate with their defense counsel freely and without supervision. (CPC Art. 114).

Unknown user: /* Background */

2020-07-17T13:05:18Z

Background

← Older revision		Revision as of 15:05, 17 July 2020
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	Criminal law in Croatia is currently governed by the Constitution, the Criminal Code (Kazneni zakon) of 2011 (last amended in 2019), and the Criminal Procedure Code (Zakon o kaznenom postupku) of 1997 (last amended in 2019), abbreviated in this profile as Const., CC, and CPC respectively. Detention of criminal offenders is governed by the Execution of Prison Sentence Act (Zakon o izvršavanju kazne zatvora - hereafter, “EPSA”).		Criminal law in Croatia is currently governed by the Constitution, the Criminal Code (Kazneni zakon) of 2011 (last amended in 2019), and the Criminal Procedure Code (Zakon o kaznenom postupku) of 1997 (last amended in 2019), abbreviated in this profile as Const., CC, and CPC respectively. Detention of criminal offenders is governed by the Execution of Prison Sentence Act (Zakon o izvršavanju kazne zatvora - hereafter, “EPSA”).


	==Type of system==		==Type of system==

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2020-07-17T12:54:30Z

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Croatia - Revision history

Unknown user at 14:00, 17 July 2020

Unknown user at 13:59, 17 July 2020

Unknown user at 13:10, 17 July 2020

Unknown user at 13:08, 17 July 2020

Unknown user: /* Background */

Unknown user: Created page with "{{Languages|Croatian}} {| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue" |- |

2020-07-17T12:54:30Z Created page with "{{Languages|Croatian}} {| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue" |- |<h2 id="mp-dyk-h2" style="margin:3px; ba..." Show changes

2020-07-17T12:54:30Z

Created page with "{{Languages|Croatian}} {| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue" |- |<h2 id="mp-dyk-h2" style="margin:3px; ba..."
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