Fiches Belges

No. In accordance with the Act on judicial cooperation in criminal matters with Member States of the European Union (transposed provisions of the Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters) the cross border tracking can be conducted on the territory of the Republic of Croatia in the framework of the execution of the EIO. In this case, the investigative judge orders tracking on the request of the County State Attorney´s Office, based on the EIO. In accordance with the applicable international agreement and Act on mutual legal assistance in criminal matters the cross border tracking can be conducted on the basis of MLA request if the conditions prescribed by the Criminal Procedure Act are fulfilled. In both mentioned case the tracking device is being installed by the Republic of Croatia (police) as executing/requested State. There is no legal provision that regulates the measure of cross border tracking where Croatian authorities just authorize the tracking on Croatian territory by the tracking devise that was already put by the issuing State.

There is no international agreement or EU legal act that regulates authorisation of the cross border tracking by tracking device installed by the issuing /requesting State. The domestic law also does not regulate described situation. So, there is no provision on basis of which the approval would be given.

Ministry of Justice and Public Administration

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.”

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.