Fiches Belges

Expert witness testimony shall be ordered when, with a view to determine or assess relevant facts, it is necessary to obtain findings and the opinion of a person who has the necessary expert knowledge. If there is a suspicion that the defendant's ability to count has been excluded or reduced, that the defendant has committed a criminal offense due to alcohol or narcotic drug addiction, or that he is incompetent to stand trial due to mental disorders, an expert opinion will be determined by a psychiatric examination of the defendant. Onwards, if it is necessary to carry out the expert examination, the defendant may be forcibly detained in a health institution by a court decision. Before the indictment is confirmed, the decision on forced detention is made by the investigating judge, and after the indictment is confirmed, the court before which the hearing is held. Detention can last a maximum of one month. In case of need for a new expert opinion, the retention can be repeated only once. If the expert examination is ordered for the purpose of assessing the defendant's mental capacity, the expert will determine whether the defendant had any mental illness, temporary mental disorder, insufficient mental development or some other serious mental disorder at the time of the commission of the crime, and will determine the nature, type, degree and the durability of the mental disorder and to give their opinion on what influence such a mental state had on the defendant's understanding of the meaning of his actions or control of his will. If the expert assesses that the defendant was not able to understand the meaning of his actions at the time of the commission of the crime or was unable to control his will, he will give an opinion on the degree of probability that this person could commit a more serious crime due to mental disorders and whether it is for removal and that danger requires her treatment in a psychiatric institution or psychiatric treatment at liberty, and if he assesses that the defendant's possibilities of understanding the meaning of his actions or controlling his own will were reduced, he will give an opinion on. Whether there is a danger that the reasons for such a state may act as an incentive to commit crimes in the future of the new criminal offense that is, that the defendant due to mental disorders due to in which his significantly reduced countability occurred, he could commit a more serious crime in the future . Onwards, if the expert examination is determined to assess the defendant's capacity to stand trial, the expert will establish whether the defendant has mental disorders and give his opinion on whether he is capable of understanding the nature and purpose of criminal proceedings, understanding certain procedural actions and their consequences, communicating with the defence attorney and giving him instructions.

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.

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.