Fiches Belges: Croatia

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

Expert witness testimony shall be ordered when, with a view to determine or assess relevant facts it is necessary to obtain findings and the opinion of a person who has the necessary expert knowledge. Before the commencement of the expert witness testimony, the expert shall be asked to thoroughly examine the object of his testimony, to indicate accurately everything he notices or discovers and to give his opinion without bias and in conformity with the rules of the pertinent science or skill. He shall be given a special instruction that giving false expert witness testimony is an offence.

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters is a 1959

* receive the request/decision for judicial cooperation

Ministry of Justice

* execute/recognise the measure (if other than the receiving authority)

County courts

Accepted languages for the request/decision

Letters rogatory for mutual assistance and annexed documents shall be accompanied by a translation into the Croatian language or, if not possible, into the English language.

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

N/A

a. Special requirements

When affording mutual legal assistance, domestic judicial authority shall comply with the formalities and procedures expressly indicated in the request as necessary pursuant to the law of the requesting state, unless provided otherwise by an international treaty and provided that such formalities and procedures are not contrary to the principles of the domestic legal order

b. Other useful information

Upon explicit request of a foreign judicial authority, the domestic judicial authority may allow presence of a foreign official during the execution of the request for mutual legal assistance.A request shall not be refused if this would likely avoid the need for supplementary requests for assistance. Additionally see Articles 308 - 328 of Criminal Procedural Code