Fiches Belges

Physical examination of the suspect or defendant shall be carried out without his consent if it is necessary to determine facts relevant to the criminal proceedings. A physical examination of other persons may be carried out without their consent only if it is necessary to determine whether there is a certain trace or consequence of an offence on his/her body. A physical examination shall also be carried out in searches during which body cavities are to be penetrated or artificial limbs or organs attached to body are removed from the body or when this is required by special conditions or health conditions of the person being searched. Taking blood samples and other medical procedures performed according to the rules of medical science in order to analyse and determine other relevant facts for the proceedings may be carried out only in order to determine whether there is a certain trace or consequence of a criminal offence on other person’s body and only with the consent of this person. Surgery on the defendant may be, based on a court order, taken only if in his/her body are the objects of committing a crime, which otherwise could not be removed, and in the cases of crimes: terrorism, financing of terrorism, slavery, trafficking, trafficking in human parts bodies and human embryos, murder, exploitation of children for pornography, illicit production and trafficking of drugs, serious offenses against public safety, money counterfeiting, illegal possession, production and acquisition of weapons and explosives, disclosing classified information and espionage. The court will make a decision on operative intervention, taking into account the necessity of removing these items in order to prevent endangerment of the defendant's life and the risk of operative intervention. Taking blood and urine samples from the defendant and other persons shall be undertaken without their consent if it can be taken without harm to their health, and it is necessary to determine the facts relevant to criminal proceedings. Taking of the blood and urine samples from the defendant and other persons shall be undertaken without their consent if it can be taken without harm to their health, and it is necessary to determine the facts relevant to criminal proceedings. This action should be carried out by medically qualified person. If the other person does not agree to the examination referred to above mentioned, it may be undertaken by order of the investigating judge for criminal offenses for which a prison sentence of more than five years has been prescribed.

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 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.

The examination and identification are being conducted in accordance with the Criminal Procedure Act of the Republic of Croatia as applicable law of executing State/requested State: During the investigation, the state attorney issues an order for conducting a physical examination and taking samples from the defendant and other persons. A physical examination of other persons may be carried out without their consent only if it is necessary to determine whether a certain trace or consequence of a criminal offense is found on their body, and this cannot be determined in any other way and if it can be carried out without harming their health. The physical examination of the defendant, during which body cavities are entered or organ replacements or aids attached to the body are separated from the body, is carried out without his consent if the evidence cannot be obtained in any other way and if it can be undertaken without harming his health, for criminal offenses for which a prison sentence of five years or a heavier sentence is prescribed. 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.