Fiches Belges

A search of the flat and other premises shall be carried out with the purpose of finding the perpetrator of a criminal offence, objects or traces important for the criminal procedure, when it is probable that these may be found in certain premises. A search of a flat or other premises shall also include the search of movable property and all persons found in the flat or premises, if this is stated in the search warrant or if preconditions for a search without a warrant with regard to the particular person exist. The investigating judged orders a search upon the request of the State Attorney by a written and reasoned search warrant. The search will be carried out by the State Attorney, the investigator or police authorities. Prior to the commencement of the search the person to whom the search warrant refers to shall be instructed that he or she is entitled to notify a defence counsel who may be present during the search . The authority carrying out the search shall allow this person to call a defence counsel of his/her own choosing and shall therefore halt the search until the arrival of the defence counsel. The search will be halted for a maximum period of three hours from the moment the person stated he wishes to call a defence counsel. The owner of the flat or other premises, the person residing in a flat or his/her representative has a right to be present during the search of his flat or premises. During the search, two adult persons must be present as witnesses. If a search is carried out in government premises, the head of the premises is invited to be present at the search. If it is carried out in the premises of other legal entity, its representative shall be invited to be present during the search. The provisions on search are not applicable to natural, public or abandoned premises. Search of the site of offence Search may be carried out by the State Attorney, investigator or police, without the court order, when they carry out an on-site investigation of the site where a criminal offence was committed which is subject to public prosecution. Search may be carried out immediately or within eight hours since the criminal offence was discovered. Exceptions are searches of flats or other premises that may be carried out only in accordance with the special law regulating special conditions for the search of those places. On-site investigation is carried out in instances where direct observation is necessary for establishing or clarifying a fact material to criminal proceedings. The search can exceptionally be accessed without prior submission of a warrant and instruction on rights, i.e. a summons for the surrender of a person or thing if: armed resistance is assumed; it is necessary that in case of suspicion of criminal acts committed by a group or a criminal organization, that is, a criminal association or which were committed as part of a criminal association or whose perpetrators are connected to a foreign country, a search is carried out suddenly; the search has to be carried out in public premises; there is a suspicion that prior warning would allow the hiding, destruction or damage of objects or traces to be seized; there is a suspicion that prior warning would endanger the safety of the person undertaking the search and/or the owner or possessor of the home or movable property is unavailable. A search of a person includes a search of clothes, shoes, body surface, movable items that the person is wearing or in their possession, the means of transportation used at the time of the search, and the space in which the person was found at the time of the search, except for the home. The search of a person is carried out by a person of the same sex, unless this is not possible due to the circumstances of the search. The circumstances that led to the search being conducted by a person of a different gender are entered in the search record. During a search of a person, the body of the person being searched must not be entered, nor can replacements of body parts or aids of body organs attached to the body (prostheses and the like) be separated from the body.

Directive on the European Investigation Order in criminal matters: in relation to Member States that implemented the Directive. Otherwise: European Convention on Mutual Assistance in Criminal Matters (20.04.1959) and its Additional Protocols as well as applicable bilateral treaties Rule of reciprocity: Act on mutual legal assistance in criminal matters and Criminal Procedure Act

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 have not implemented the EIO Directive and third States: Ministry of Justice and Public Administration 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.

Unless otherwise prescribed by the Criminal Procedure Act, the search at the request of the state attorney is determined by the investigating judge in a written, reasoned order. The search order must contain:designation of the subject of the search (person, home, other premises or movable property), the purpose of the search and the body that will conduct the search. The investigating judge decides on the search request immediately, and no later than within four hours, from the receipt of the request. If he does not accept the request, the investigating judge makes a decision. The state attorney has the right to appeal against the decision of the investigating judge within eight hours. The council makes a decision on the appeal within twelve hours. The order of the judge of the investigation on the search shall be executed within three days from the date of issuance. After the expiry of that period, the search can no longer be carried out on the basis of that order. The order is returned without delay to the investigating judge, who cancels it with a note on the order. The search is carried out by the state attorney, an investigator or the police. When the investigation is conducted by the investigating judge, he will determine in the search warrant the investigator who will conduct the search. The investigator is obliged to carry out the search according to the warrant and immediately submit to the investigating judge the record and the items that he temporarily seized. Before the start of the search, the person to whom the order applies will be asked to voluntarily hand over the person or objects that are being sought. The search may be carried out immediately, and no later than eight hours after the criminal offense has been discovered, without an order by the state attorney, investigator or the police when conducting an investigation of the crime scene for which they are being prosecuted ex officio, if it is absolutely necessary to eliminate the danger to life and the health of people or property of a larger scale or for the purpose of securing traces and evidence that are directly related to the criminal offense for which the investigation is being carried out, unless it is a search of a home or premises in special cases. If the search is carried out in the home or other premises of the perpetrator of the criminal act, the search can also be undertaken for the purpose of finding or securing evidence. This search can only be undertaken in the presence of at least two witnesses. The police may, without a search warrant, conduct a search of a person during the execution of a warrant of arrest or during an arrest if there is a likelihood that the person possesses a weapon or an instrument of assault or if there is a likelihood that the person will discard, hide or destroy objects or traces that should be taken from him as evidence. procedure. The search is conducted during the day, from 6 a.m. to 9 p.m. and can be carried out at night only if there is a risk of delay, if it was started during the day and not completed; if it is a search in special circumstances. The search may be carried out at night if the person subject to the search or being searched so requests that the search report be entered immediately with the signature of that person. The investigating judge may, upon a written, reasoned request of the state attorney, approve a search outside of the specified time and when there is a probability that: the requested objects or traces will be destroyed or hidden; the wanted person hides or runs away; the wanted person commits a criminal offense; the safety of persons may be endangered, if the search is not carried out outside the prescribed time. The search of the home or other premises may be attended by a person who owns the premises or resides in it, or a person authorized by these persons to attend the search. At least two adult citizens must be present as witnesses during the execution of this forensic operation. Before the start of the search, witnesses must be warned to be careful how the search is conducted and that they have the right to make comments before signing the search report if they believe that the search was not conducted in the manner prescribed in the Criminal Procedure Act or that the content of the report is incorrect. If the search is carried out in the area of a state body or other legal entity, their representative will be called who can be present at the search.