Fiches Belges: Croatia

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

If it is likely that by giving a testimony or by answering any individual question, a witness might expose himself or any other person close to himself to a serious danger to life, health, physical integrity, freedom or property of considerable volume (witness in danger), the witness is entitled to refuse to disclose personal information, to refuse to answer to individual questions or to refuse to testify at all until witness protection measures have been provided. Witness protection includes a special manner of questioning a witness and his participation in the proceedings (protected witness) and measures for protecting the witness and other persons close to him not participating in the proceedings. The Court renders a Decision on special procedure on hearing with the disclosure of personal data and appereance of the witness.

International legal framework applicable for this measure in your Member State

European Convention on Mutual Assistance in Criminal Matters signed in 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. authorities.

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 283 - 300 of Criminal Procedure Code