Fiches Belges

Decisions and letters are delivered via: an official of a state body participating in criminal proceedings, a post office, a public or private organization authorized by a special decision of the minister responsible for justice for delivery in criminal proceedings, a telecommunications device and an information system . The delivery of decisions and letters can also be done directly in the body of the criminal proceedings if the recipient happens to be there. In the case prescribed by this Law, the police, at the request of the court or the state attorney, finds persons whose address is unknown and serves them with a summons. The body that drew up the decision and the letter sends it to the person to whom it is addressed (the addressee) at the address of his or her place of residence or residence or the address of employment, and it can also be sent to another address where the addressee can be found. Decisions and correspondence are delivered to the state body, the state attorney's office, lawyers, court experts, court interpreters and legal entities through the information system, except in the following case. The summons for hearing or other summons and the decision to postpone the hearing or other specific actions may be notify persons by means of telecommunications, if, according to the circumstances, it can be assumed that the notification sent in this way will be received by the person to whom it is addressed. Delivery can be done through the information system if the party or another participant in the procedure declares that they agree with such a delivery method. A party or other participant in the procedure makes a statement in writing or orally on the record and can withdraw it at any time during the procedure. If a party or another participant in the procedure submits a submission to the body leading the proceedings via the information system, the body leading the proceedings will invite the party or other participant to express their opinion in writing or orally on the record as to whether they agree to be served via the information system. The letter can be delivered to military personnel, members of the police and judicial police through their command or the head of the organizational unit. Decisions and letters are delivered to persons who have been deprived of their freedom in court or through the administration of the institution where they are placed. Decisions and correspondence are delivered to persons who have the right to immunity in the Republic of Croatia under international law through the ministry responsible for foreign affairs, unless international agreements stipulate otherwise. The decision and letter to the citizens of the Republic of Croatia in a foreign country, if the procedure prescribed by the provisions on international legal assistance is not applied, are delivered through the mediation of the diplomatic or consular mission of the Republic of Croatia in the foreign country, provided that the foreign country does not object to such a method of delivery. An authorized employee of a diplomatic or consular mission signs the delivery note as the deliverer if the letter was delivered at the embassy itself, and if the letter was delivered by post, he confirms this on the delivery note. If the decision and the letter must be delivered to the defendant's defense attorney, and the defendant has more than one defense attorney, it will be delivered to the one designated by them, and if they have not done so, it will be delivered to one of them.When the defendant is tried in absentia, the decisions and letters are delivered to his defense attorney and are thus considered to have been duly delivered.

The service of summons is being done in accordance with the applicable international agreement (for example title III of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959, Articles 15 and 16 of the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, Strasbourg, 08 November 2001) The questions that are not regulated by the international agreement are regulated by the Act on mutual legal assistance in criminal matters and Criminal Procedure Act. The rule of reciprocity is being applied in the absence of the international agreement. In that case domestic law is being applied (Act on mutual legal assistance in criminal matters and Criminal Procedure Act).

Parties of the Second additional Protocol to the European Convention on Mutual Assistance in Criminal Matters of 08 November 2001 : application of the article 16 that prescribed direct transmission by post. If the Requesting State does not apply the Article 16 of the mentioned protocol or in the absence of the international agreement the rule of reciprocity is being applied: in accordance with the domestic law the competent authority for receiving and transmitting the mutual legal assistance request is Ministry of Justice and Public Administration.

In accordance with the declaration contained in the instrument of ratification of the European convention on mutual legal assistance in criminal matters (Article 16) : „ The Republic of Croatia declares that 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.“ If the summons is transmitted directly by the post Article 15 paragraphs 3 and 4 of the Second Additional Protocol to the European convention on mutual legal assistance in criminal matters shall applied. Mentioned provisions proscribe the following: “If the authority that issued the papers knows or has reasons to believe that the addressee understands only some other language, the papers, or at least the most important passages thereof, shall be accompanied by a translation into that other language. The procedural documents and judicial decisions shall, for the benefit of the authorities of the requested Party, be accompanied by a short summary of their contents translated into the language, or one of the languages, of that Party.” Other bilateral /multilateral international agreements: applicable provisions In the absence of the applicable international agreement: 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.”

The deadlines prescribe by the applicable international agreements, bilateral or multilateral. For example, in accordance with the declaration contained in the instrument of ratification of the European convention on mutual legal assistance in criminal matters signed in 1959 (Article 7): “ The Republic of Croatia declares that service of a summons on a person residing in the Croatian territory must be transmitted to the competent Croatian judicial authorities no less than 30 days before the date set for appearance.” The rule of reciprocity is being applied in the absence of the international agreement. In that case domestic law is being applied. This law does not prescribe deadline. However, if the requested authority asks for a deadline to be observed such a deadline will be respected.

Procedural documents are being served in accordance with the Criminal Procedure Act in the cases when the Republic of Croatia is the requested State: a decision and letter shall be served directly to the person to whom it is addressed, and the person shall be bound to receive it. If that person cannot be reached at the address of domicile or residence, the process server shall serve it on one of the adult members of the household, who are bound to receive the letter. If they are not found in the apartment, the letter shall be served on the janitor or a neighbour, if they are willing to receive it. It shall be deemed by such acts that the letter is served. If a decision and letter is served on a person at his place of work, and the person cannot be reached, delivery can be effected to the person authorised to receive mail who is bound to receive it, or to the co-employee, if he is willing to receive it. It shall be deemed by such acts that the letter is served. If it is determined that the person to whom the decision and letter is to be served is absent for that reason are unable to serve it on him in due time, the process server shall inform himself where the recipient can be found and shall return the letter to the sender with a notice stating the address at which the letter could be served on the recipient. The process server shall leave the notice on attempted service at the address where the service should have been performed. Most of the international agreements prescribe the possibilities of service of documents in accordance with the law of requesting State. For example Article 7 of the European Convention on mutual legal assistance in criminal matters prescribes: Service may be effected by simple transmission of the writ or record to the person to be served. If the requesting Party expressly so requests, service shall be effected by the requested Party in the manner provided for the service of analogous documents under its own law or in a special manner consistent with such law The requested Party shall, if the requesting Party so requests, state whether service has been effected in accordance with the law of the requested Party. If service cannot be effected, the reasons shall be communicated immediately by the requested Party to the requesting Party. 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.