Fiches Belges

This measure shall be ordered by the investigative judge on the basis of the European Investigation Order or MLA request (Third countries, Member State of European Union that do not apply EIO Directive) issued in accordance with the applicable international agreement or rule of reciprocity. The County State Attorney´s Office that received the EIO shall verify whether it is compiled in accordance with the Directive on the European Investigation Order in criminal matters and propose to the investigative judge issuance of the order in accordance with the Article 339 of the Criminal Procedure Act. If this measure is being requested on the basis of MLA request the investigative judge of the competent County Court shall order requested investigative measure if the legal conditions are fulfilled. In accordance with the Article 339 of the Criminal Procedure Act the investigating judge may order that postal and other transport organizations retain and hand over to him, with confirmation of receipt, letters, telegrams and other shipments addressed to the defendant or sent by him, if there are circumstances that can justify expect that these shipments will serve as evidence in the proceedings. Mentioned investigative measure can be ordered for the following criminal offenses: 1) sexual abuse and child exploitation and against intellectual property 2) genocide, crime of aggression, crime against humanity, war crime, commander's responsibility, terrorism, financing terrorism (Article 98), public incitement to terrorism, recruitment for terrorism , training for terrorism, travel for the purpose of terrorism, terrorist association , murder , aggravated murder , kidnapping , money laundering, criminal association, committing a criminal offense as part of a criminal association, high treason, recognition of occupation and capitulation, disclosure of secret information , espionage , preparation of criminal offenses against the Republic of Croatia, murder of a person under international protection and kidnapping of a person under international protection . The retention of shipment may last for a maximum of four months, and upon the reasoned proposal of the state attorney, the judge of the investigation may extend the duration for a further two months. In case where the offences of sexual abuse and child exploitation and offences against intellectual property were committed using computer systems or networks, the temporary seizure may last for a maximum of one year. The state attorney can only order the retention of shipments, but the transport organizations are obliged to suspend the retention if they do not receive the decision of the investigating judge within three days after receiving the order. Retained shipments are opened by the state attorney in the presence of two witnesses. When opening, care will be taken not to damage the seals, and the envelopes and addresses will be preserved. Minutes will be drawn up on the opening. If the interests of the proceedings allow, the contents of the shipment may be disclosed in whole or in part to the defendant, that is, the person to whom it was addressed, and the shipment may be handed over to him. If the defendant is absent, the contents of the shipment will be communicated or handed over to one of his relatives when there is a justified interest in it, and if there are none, it will be returned to the sender, if this does not conflict with the interests of the proceedings or other important interests. Above described investigative measure cannot be applied to letters, telegrams and other shipments between the defendant and his defence counsel.

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 multilateral and 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.

The requested investigative measure shall be conducted in accordance with the applicable provisions of the Croatian Criminal Procedure Act, as described above, for the stipulated criminal offences. But, the issuing authority /Requesting State can request that the investigative measure is conducted in accordance with its law. Namely, Article 9 para 2 of the Directive 2014/41/EU of 3 April 2014 on the European Investigation Order prescribes” 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.” Furthermore, 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.