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. Expert witness testimony shall be ordered by a written order of the authority conducting the proceedings. A person summoned as an expert witness is bound to appear and present his findings and opinion. The findings and the opinion of the expert witness shall be immediately entered into the record. The expert witness may be permitted to subsequently submit the findings and opinion in writing within a term determined by the authority conducting the proceedings, in enough copies for the court and the parties

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. The expert witness may be examined by means of an audio or video recording device when this is foreseen in an international treaty or when both parties agree

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. Additionaly see Articles 308 - 328 of Criminal Procedure Code