Fiches Belges

In relation to the Member States of the European Union that apply the Directive 2014/41/EU of 3 April 2014 on the European Investigation Order in criminal matters the Article 30 applies: The County State Attorney´s Office that receives EIO verifies whether the EIO is compiled in accordance with the Article 30 of the Directive (among others the EIO must contain following information: information for the purpose of identifying the subject of the surveillance, the desired duration of the surveillance and sufficient technical data, in particular the device identifier, reasons that justify relevance of the evidentiary action). If the EIO is correctly fulfilled the County State Attorney´s Office submits request to the County Court for the purpose of issuance an order for special investigative measure of interception of telecommunication, against a person for whom there are grounds for suspicion that he/she alone committed or together with other persons participated in the criminal offense referred to in Article 334 of the Criminal Procedure Act, if the Court established that inquiries of the offenses could not be carried out in another way or it would be possible only with disproportionate difficulties. The investigative measure could be ordered also against persons for whom there are grounds for suspicion that they are transmitting communications and messages related to the crime to or from the perpetrator of the criminal offenses referred to in Article 334 of this Act, or that the perpetrator is using their connections to a telephone or other telecommunication device, which hide the perpetrator of the crime or by concealing the means by which the crime was committed, traces of the crime or objects created or obtained by the crime or in some other way help him not to be discovered. The offences from the article 334 of the CPA : 1) war crime , terrorism , financing of terrorism, training for terrorism , travel for the purpose of terrorism, terrorist association, slavery , human trafficking, trafficking in human body parts and human embryos , unlawful deprivation of liberty, kidnapping, sexual abuse of a child under the age of fifteen, child pimping, exploitation of children for pornography, serious criminal offenses of sexual abuse and exploitation of a child , money laundering, abuse of position and authority if she committed the crime official person, accepting a bribe if the act was committed by an official person, trading in influence if the act was committed by an official person, criminal association, committing a criminal offense as part of a criminal association, murder of a person under international protection, kidnapping of a person under international protection, for criminal offenses against the Republic of Croatia and against the Armed Forces of the Republic of Croatia for which a prison sentence of at least five years is prescribed and for all criminal offenses for which a long-term prison sentence is prescribed, 2) genocide, crimes of aggression, responsibility of commanders, recruitment for terrorism, preparation of criminal acts against values protected by international by law, torture and other cruel, inhuman or degrading treatment or punishment if committed to the detriment of a child, murder , unlawful deprivation of liberty , kidnapping, prostitution, sexual abuse of a child over the age of fifteen , luring children to satisfy their sexual needs , child pimping , exploitation of children for pornography, exploitation of children for pornographic performances, abduction of a child , unauthorized production and trafficking of drugs , serious criminal offenses against general security , attack on an aircraft, ship or stationary platform , robbery, extortion, receiving bribes in business operations , abuse in public procurement procedures, evasion of customs supervision, subsidy fraud , money laundering , counterfeiting of money , abuse of position and authority , illegal favoritism , accepting bribes, giving bribes, trading in influence, illegal entry, movement and residence in the Republic of Croatia and committing a criminal offense as part of a criminal association, 3) public incitement to terrorism, unlawful deprivation of liberty, rape, serious crimes against sexual freedom, prostitution, child abduction, violation of children's rights, counterfeiting of medicines or medical products, unauthorized production and trafficking of drugs, facilitating the use of drugs, unauthorized production and trafficking of substances prohibited in sports, extortion, receiving and giving bribes in bankruptcy proceedings, giving bribes in business operations, making, procuring , possessing, selling or making available for use means for forgery, paying a bribe, paying a bribe for trading in influence, giving away an official secret if that act violates secrecy investigations and investigations, giving a false statement, preventing evidence, breaching the secrecy of the proceedings if the act violated secrecy in the criminal proceedings, revealing the identity of a vulnerable person or a protected witness, coercion against a judicial official, illegal entry, movement and residence in the Republic of Croatia, illegal possession, manufacture and acquisition of weapons and explosive substances, murder of a person under international protection, kidnapping of a person under international protection, attack on a person under international protection, threats to a person under international protection and for criminal offenses against computer systems, programs and data and against intellectual property This special investigative action may last up to three months. Upon the motion of the State Attorney the investigating judge shall prolong the duration of such measures for a term of another three months and for certain serious offences for a term of six months. Exceptionally, for certain offences, the investigating judge may prolong the measures for a further term of six months. The application of this special investigative action shall cease as soon as the reasons lapse on the basis of which they were ordered. The State Attorney and the court shall ex offo pay attention to the existence of the reasons on the basis of which the measures were ordered. Recordings obtained by the application of this investigative action may be used as evidence in criminal proceedings. This investigative action may be ordered against persons against whom there are grounds for suspicion that that he hides the perpetrator of the offence referred to in the Article 334 of the Criminal Procedure Act or help him from being discovered by hiding the means by which the criminal offence was committed, traces of the criminal offences or objects resulting or acquired through the criminal offence or in any other way. Please note that this investigative measure may, with the written consent of the person, be applied to the assets, premises and objects of that person. The County State Attorney´s Office that receives EIO consults with issuing authority about the transfer of telecommunication, whether the intercepted telecommunication shall be sent directly to the issuing country or the records on intercepted telecommunications shall be submitted to the issuing State afterwards. In relation to the Member States of the European Union that do not apply the Directive 2014/41/EU and third states the following procedure is being applied for the purpose of interception of telecommunications with technical assistance of Republic of Croatia: The investigative measure of interception of telecommunication can be ordered on the basis of MLA request issued in accordance with the applicable international agreement, or on the basis of the rule of reciprocity. The competent County Court that received the MLA request shall issue an order for interception of telecommunications if the above described conditions are fulfilled. The MLA request must be accompanied by the judicial decision by which requested investigative measure was ordered in the issuing State as interception of telecommunication presents coercive measure that temporarily limit certain constitutional rights of citizens

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

* receive the request/decision for judicial cooperation Article 30 of Directive 2014/41/EU of 3 April 2014 on the European Investigation Order in criminal matters (interception of telecommunications with technical assistance of Republic of Croatia): 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.

This investigative measure is being conducted in accordance with domestic law unless the issuing /requesting authority requests the application of its domestic law. This possibility is prescribed by the following acts: 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.