Fiches Belges

This investigative measure can be ordered by the investigative judge on the MLA request /EIO of foreign judicial authority if the investigation cannot be carried out in any other way or would be accompanied by great difficulties, the investigating judge may, upon the request of the State attorney, order against the person against whom there are grounds for suspicion that he/ she committed or has taken part in committing an offence referred to in Article 334 of Criminal Procedure Act (CPA) controlled transport and delivery of objects from criminal offences. 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 Recordings obtained by the application of this investigative action may be used as evidence in criminal proceedings. 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. The conduction of this measure must not constitute an incitement to commit a criminal offense. In accordance with the Article 333 of the Criminal Procedure Act an undercover investigator may be examined as witnesses about the content of the conversations they had with the persons against whom the action was determined, as well as all participants in the criminal act. Their statements can be used as evidence in the proceedings. But, the judgment and assessment of the admissibility of the evidence cannot be based solely on the testimony of this witness. Please note that foreign police officer who acts as undercover investigator in the Republic of Croatia is considered as Croatian police officer, on the basis of the approval of the Minister of the Interior of the Republic of Croatia pursuant to the Article 22 para 4 of the Act on police matters and competences

The Republic of Croatia gave reservation on the Article 19 of the Second Additional Protocol to the European Convention on mutual legal assistance in criminal matters signed on 2001. So, mentioned investigative measure shall not be conducted on the request of State Party of the Second Additional Protocol. This investigative action may be conducted on the basis of bilateral /multilateral treaty that regulates mutual legal assistance and prescribes the obligation to provide mutual legal assistance in the broadest sense. This investigative action may be conducted on the basis of reciprocity in accordance with the Article 4 of the Act on mutual legal assistance in criminal matters (“International legal assistance is provided in the broadest sense, in accordance with the principles of the domestic legal order, the principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights.”) and applicable provisions of the Criminal Procedure Act. Article 29 of the Directive 2014/41/EU of the European Parliament and of the council of 3 April 2014regarding the European Investigation Order in criminal matters (EIO Directive) regulates issuance of the EIO for the purpose of conducting covert investigations. So, the decision on recognition and execution of the EIO shall be rendered if, among others, the conditions prescribed in the Article 29 of the Directive 2014/41EU are fulfilled. Please note that the covert investigations can be authorised for the offences stipulated in the Article 334 of the 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 executing/requested state. In accordance with the Article 334 of the Criminal Procedure Act this investigative measure can be ordered only for the severe offences stipulated in that article. The issuing/requesting authority can in each case request the application of its own law. This possibility is prescribed by the following provisions: 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.