Fiches Belges

The confrontation shall be conducted on the basis of the EIO/MLA request. The investigative measure shall be conducted in accordance with the domestic law- Criminal Procedure Act, unless the issuing State requested the application of its law. In accordance with the Criminal Procedure Act of the Republic of Croatia the witness may be confronted with the other witness or the defendant if their testimonies do not correspond regarding the relevant facts. The confronted persons shall be separately examined on any circumstance on which their testimonies do not correspond, and their answers shall be entered into the record. Only two persons may be confronted at a time. A record on confrontation shall be made. The confrontation must be recorded by an audio or video recording device. The recording shall be enclosed with the record. If the confrontation has not been recorded, the record cannot be used as evidence. The defendant may be confronted with a witness or another defendant if their statements do not correspond regarding relevant facts, unless a witness is a child.

Article 3 of the Directive 2014/41/EU on EIOs (“The EIO shall cover any investigative measure with the exception of the setting up of a joint investigation team and the gathering of evidence.”) Article 1 of the European Convention on mutual legal assistance in criminal matters: “The Contracting Parties undertake to afford each other, in accordance with the provisions of this Convention, the widest measure of mutual assistance in proceedings in respect of offences the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities of the requesting Party.” Similar provisions contain bilateral and multilateral international agreements that regulate mutual legal assistance in criminal matters. In the absence of international agreements the rule of reciprocity is being applied and Act on mutual legal assistance in criminal matters (Article 5 prescribes the following: “International legal assistance is provided in the broadest sense, in accordance with the principles of the domestic legal order, the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights.”)

Directive on the European Investigation Order in criminal matters: County State Attorney's Offices having jurisdiction for the place of residence of the person. 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) European convention on mutual legal assistance in criminal matters signed on 1959: Croatian or English language (declaration on the Article 16 of the European convention on mutual legal assistance in criminal matters signed on 1959) Article 8 of the Act on mutual legal assistance in criminal matters: “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.

Article 9 para 2 of the Directive 2014/41/EU of 3 April 2014 on the European Investigation Order:” The executing authority shall comply with the formalities and procedures expressly indicated by the issuing authority unless otherwise provided in this Directive and provided that such formalities and procedures are not contrary to the fundamental principles of law of the executing State.” Most of the international agreements prescribe the possibilities of conducting requested investigative measure in accordance with the law of requesting state. For example, Article 8 of the Second Additional Protocol to the European Convention on mutual legal assistance in criminal matters prescribes the following: “Notwithstanding the provisions of Article 3 of the Convention, where requests specify formalities or procedures which are necessary under the law of the requesting Party, even if unfamiliar to the requested Party, the latter shall comply with such requests to the extent that the action sought is not contrary to fundamental principles of its law, unless otherwise provided for in this Protocol.2 In the absence of the international agreement the rule of reciprocity is being applied as well as domestic law. In accordance with the Article 10 of the Act on mutual legal assistance in criminal matters the Republic of Croatia as requesting state can execute service in accordance with the law of requesting state: (1) When providing international legal assistance, the domestic judicial body will comply with the formalities and procedures that are explicitly stated in the application as necessary according to the law of the requesting state, unless an international treaty provides otherwise and on the condition that such formalities and procedures do not contradict the principles domestic legal order. (2) The domestic judicial body decides upon the request of the foreign judicial body without delay, taking into account procedural deadlines and other specially determined deadlines explained in the request.