Fiches Belges

In accordance with the Article 109 of the Act on electronic communications of the Republic of Croatia: “Operators of public communication networks and publicly available electronic communication services are obliged to retain data on electronic communications (data necessary for monitoring and determining the source of communication, data necessary to determine the destination of the communication, - data necessary to determine the date, time and duration of the communication, data necessary to determine the type of communication, data necessary to determine the user's communication equipment or equipment that is considered to be the user's communication equipment, data necessary to determine the location of mobile communication equipment) for the purpose of enabling the investigation, detection and prosecution of criminal offenses in accordance with a special law in the field of criminal procedure and for the purpose protection of defence and national security in accordance with special laws in the field of defence and national security. The operators referred to in paragraph 1 of this article are obliged to retain the data referred to in paragraph 1 of this article for a period of twelve months from the date of communication, regardless of the provisions of Article 102, paragraphs 1 and 2 of this Act.” For the purpose of preservation of electronic evidence applicable provision is Article 29 para 1 of the European Convention on cybercrime: “Party may request another Party to order or otherwise obtain the expeditious preservation of data stored by means of a computer system, located within the territory of that other Party and in respect of which the requesting Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the data. Upon receiving the request from another Party, the requested Party shall take all appropriate measures to preserve expeditiously the specified data in accordance with its domestic law. Any preservation effected in response to the request referred to in paragraph 1 shall be for a period not less than sixty days, in order to enable the requesting Party to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data. Following the receipt of such a request, the data shall continue to be preserved pending a decision on that request.” For the purpose of provision of electronic evidence the following instruments shall be applied: - Directive on the European Investigation Order in criminal matters - the applicable international agreements (European Convention on Cybercrime ) - rule of reciprocity

Preservation of data: European Convention on Cybercrime signed on 2001 Provision of data: - Directive on the European Investigation Order in criminal matters: in relation to Member States that implemented the Directive - European Convention - applicable international treaties - Rule of reciprocity (Act on mutual legal assistance in criminal matters and Criminal Procedure Act)

Preservation of data: Ministry of Interior Provision of data: - Member State of the European Union that apply 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 is located preserved electronic evidence - The MS EU that not implemented the EIO Directive and third States: applicable international agreements ( most of them prescribed Ministry of Justice and Public Administration as central authority) - In urgent cases (Article 27 para 9 of the European Convention on cybercrime) :“In the event of urgency, requests for mutual assistance or communications related thereto may be sent directly by judicial authorities of the requesting Party to such authorities of the requested Party. In any such cases, a copy shall be sent at the same time to the central authority of the requested Party through the central authority of the requesting Party.” - 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 Cybercrime signed on 2001: due to the lacuna the Article 8 of the Act on mutual legal assistance in criminal matters is being applied: “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.” Applicable provisions of international treaties Rule of reciprocity: Article 8 of the Act on mutual legal assistance in criminal matters

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. Article 29 of the European Convention on cybercrime: “ Party may request another Party to order or otherwise obtain the expeditious preservation of data stored by means of a computer system, located within the territory of that other Party and in respect of which the requesting Party intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the data. Upon receiving the request from another Party, the requested Party shall take all appropriate measures to preserve expeditiously the specified data in accordance with its domestic law. Any preservation effected in response to the request referred to in paragraph 1 shall be for a period not less than sixty days, in order to enable the requesting Party to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data. Following the receipt of such a request, the data shall continue to be preserved pending a decision on that request.” 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.

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