Fiches Belges

According to the Act on mutual legal assistance in criminal matters, on the request of a foreign judicial authority, the domestic judicial authority may take over carrying out criminal proceedings for a criminal offence committed abroad when extradition is not allowed, and if a foreign judicial authority stated that if shall not further criminally prosecute the prosecuted person after the final decision of the domestic judicial authority. If a foreigner domiciled in a foreign county committed an offence in the territory of the Republic of Croatia, criminal proceedings may transferred to that country, provided he or she does not object there to. Criminal proceedings may be transferred for offences with prescribed punishment up to ten years of imprisonment.

CoE MLA Convention 1959 (Art. 21) Bilateral Agreements Reciprocity, when the conditions proscribed by the Act on mutual legal assistance in criminal matters are fulfilled.

Ministry of Justice and Public Administration

As proscribed by the applicable international agreement. In the absence of the international agreement: Croatian language or English language (in cases where the translation on Croatian language is not possible to provide)

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The proceedings can be taken over only against known perpetrator under the following conditions: - the perpetrator is Croatian citizen or/and has permanent residence in the Republic of Croatia (these conditions depend on the international agreement that is legal basis for transfer of proceedings) - the proceedings shall be taken over if the legal conditions prescribed by the Croatian law are fulfilled: the perpetrator is located in the Republic of Croatia, the offence is punishable under Croatian law - the requesting State should conduct all necessary evidentiary actions on its territory before the proceedings is transferred to the Republic of Croatia