Fiches Belges

Information from police records, such as the place of residence of the suspect; the movement of a certain person in the Republic of Croatia, vehicle ownership and vehicle data, etc. can be requested within the framework of international police cooperation as well as through a request for international legal assistance/ European investigation warrant. Regarding extracts from the criminal/misdemeanour records, the data can be requested except through ECRIS, or for countries that are not members of the EU, a request for international legal assistance. The aforementioned can be requested at any stage of the procedure. The Ministry of Justice and Administration keeps records of persons legally convicted of criminal offenses and misdemeanors and is responsible for providing this information.

Criminal records: Council Framework Decision 2009/315/JHA of 26 February 2009 on the organization and content of the exchange of information extracted from the criminal record between Member States (ECRIS) Police records through police cooperation: Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union Police records through judicial cooperation: Article 10 para 2 item b Directive 2014/41/EU of 3 April 2014 on the European Investigation Order: Police records and criminal records can be provided on the request of the third countries in the following manner: - police records in accordance with the applicable international agreements on police cooperation - police records and criminal records can be obtained in accordance with the applicable international agreements (for example: European Convention on Mutual Assistance in Criminal Matters (20.04.1959) and its Additional Protocols ) and in the absence of applicable international agreement in accordance with the rule of reciprocity

1. Member States of the EU: Police records- international police cooperation: SIRENE Office Police records- judicial cooperation: County State Attorney's Offices where the evidentiary action is to be carried out, i.e. where the evidence is located; Criminal records- ECRIS 2. Third countries /countries that do not apply ECRIS : Police records - international police cooperation: NCB Interpol Zagreb Police records - judicial cooperation: Ministry of Justice and Public Administration Criminal records- judicial cooperation: Ministry of Justice and Public Administration

If the data contained in the police records are being provided in the framework of police cooperation, through SIENA channel in accordance with the Article 6 of the Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union: English language. If the data contained in the police records are being provided in the framework of police cooperation, on the request of third states, through Interpol channels ( official languages of Interpol channels are English, French, Spanish and Arabic) If the data contained in the police records are being provided on the basis of the EIO: 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) If the criminal records are being provided in the framework of ECRIS: in accordance with the Article 10 of the Framework Decision 2009/315/JHA of 26 February 2009 request should be transmitted to the Republic of Croatia as requested state in the form prescribed by the Framework Decision in the Croatian language If the criminal records /police records are being provided on the request of third state: language prescribed by the applicable international agreement (for example : Croatian or English in accordance with the declaration given on the Article 16 of the European convention on mutual legal assistance in criminal matters signed on 1959) or language prescribed by the domestic law if the rule of reciprocity is being applied ( 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.”)

Article 8 of the Council Framework Decision 2009/315/JHA of 26 February 2009 on the organization and content of the exchange of information extracted from the criminal record between Member States (ECRIS) : immediately and in any event within a period not exceeding ten working days from the date the request was received. Article 4 of the Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union: - eight hours in case of urgent requests for information and intelligence regarding offences referred to in Article 2(2) of Framework Decision 2002/584/JHA, when the requested information or intelligence is held in a database directly accessible by a law enforcement authority - non-urgent cases, requests for information and intelligence regarding offences referred to in Article 2(2) of Framework Decision 2002/584/JHA should be responded to within one week if the requested information or intelligence is held in a database directly accessible by a law enforcement authority - In all other cases, Member States shall ensure that the information sought is communicated to the requesting competent law enforcement authority within 14 days. - 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.

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