Fiches Belges

Without affecting their own investigations or proceedings and under the condition of reciprocity, domestic judicial authorities may, without prior request, send information related to criminal offenses or violations of the rule of law to competent foreign judicial authorities, which have been gathered in their own investigations, if they believe that the delivery of such information could help to start or carry out an investigation or legal proceedings or if it could lead to the submission of a request for legal aid. The domestic judicial authority shall request from the foreign judicial authority to which it has submitted the above-mentioned information a notification of any action taken based on such information, as well as the delivery of a copy of the decisions made, and may set other conditions for the use of such information in the receiving country.

Article 21 of the European Convention on Mutual Legal Assistance in Criminal Matters from 1959 and Article 11 of Second Additional Protocol to the European Convention on mutual legal assistance in criminal matters from 2001 Bilateral agreements Rule of reciprocity: Article 18 of the Act on mutual legal assistance in criminal matters

Ministry of Justice and Public Administration

As prescribed by the international agreement For example in accordance with the declaration given on Article 16 of the European Convention on mutual legal assistance in criminal matters: “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.” Rule of reciprocity: 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.”

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The spontaneous exchange of information about criminal offenses between domestic and foreign judicial authorities is not an act of international criminal legal assistance, but it may help to start an investigation or court proceedings in a foreign country or to file a request for legal assistance. When the state receives petition based on the provisions of the international treaty that regulate the "spontaneous exchange of information", common practice is that its' state attorney's office can, but also does not have to initiate criminal proceedings based on such received information. However, in accordance with the principle of legality there is an obligation to prosecute if the prerequisites are met.