Fiches Belges

The person who is on the territory of the Republic of Croatia and has to be heard as witness or expert witness by the authorities of other Member State of EU that applies Directive 2014/41/EU on EIO, if it is not possible or appropriate to hear her/him in person on the territory of issuing state, County State Attorney´s Office that received EIO shall execute it in accordance with domestic law. The provisions on hearing by video-conference shall be applied mutatis mutandi. Hearing witness or expert witness who is on the territory of the Republic of Croatia by telephone conference is being conducted in accordance with Article 10 Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters. If the hearing by video-conference is conducted on the basis of the MLA request the applicable international agreements are being applied (Article 10 of CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001)) and domestic law (Articles 195 and 196 of the Criminal Procedure Act) It is necessary to emphasize that Article 10 of the mentioned Second Additional Protocol applies on hearing of witness or expert witness who are on the territory of other Party. A hearing may be conducted by telephone conference only if the witness or expert agrees that the hearing take place by that method. The Republic of Croatia shall agree to the hearing by telephone conference when this is not contrary to fundamental principles of its law. If the requesting State is not a party of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001) the legal basis for the execution of the MLA request shall be other applicable international agreement. In the absence of the international agreement the rule of reciprocity is being applied and applicable provisions of the Act on mutual legal assistance in criminal matters and Criminal Procedure Act (Articles 195 and 196). In accordance with mentioned provisions the hearing by telephone conference can be conducted for the purpose of verifying an alibi and other important facts for criminal prosecution. The recording of the telephone conference may be used as evidence in criminal proceedings if the interrogation of defendant was conducted in the presence of defence lawyer and in accordance with the Criminal Procedure Act, and the hearing of witness was conducted in accordance with the Criminal Procedure Act.

Article 25 of Directive 2014/41/EU on EIO (article 42 ac of the Act on judicial cooperation in criminal matters with Member States of EU) States that do not apply Directive 2014/41/EU on EIO : - applicable international agreement (for example Article 9 of CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001)) - rule of reciprocity in the absence of the international agreement : domestic legislation (Act on mutual legal assistance in criminal matters and Articles 192, 193 and 194 of the Criminal Procedure Act) States that do not apply Directive 2014/41/EU and third countries: Art 10 of CoE Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (2001)

Directive on the European Investigation Order in criminal matters: County State Attorney's Offices where the evidentiary action is to be carried out, i.e. where the evidence is located; The MS EU that not implemented the EIO Directive and third States: - International agreements: applicable provisions - Rule of reciprocity : Ministry of Justice and Public Administration

Directive 2014/41/EU of 3 April 2014 on the European Investigation Order: Croatian or English language (in a need of urgency in under the condition of reciprocity) States that do not apply EIO Directive : - applicable international agreement (for example European convention on mutual legal assistance in criminal matters signed on 1959: Croatian or English language) or - rule of reciprocity in the absence of international agreement ( the request as well as the attached documents should be accompanied by a translation into Croatian, and if this is not possible, then into English. Translations must be officially certified)

Directive 2014/41/EU of 3 April 2014 on the European Investigation Order: The competent authority must execute it as soon as possible and at the latest within 90 days after the decision of recognition of the EIO. European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 the requested State executes the request for mutual legal assistance as soon as possible (Art. 1 Second additional Protocol to the Convention of 20 April 1959) There is no deadline for the execution of requests for assistance in Croatian criminal law. However, if the requested authority asks for a deadline to be observed such a deadline will be respected.

-