Pecuniary benefit resulting from criminal offences is established by the court by means of a verdict. In addition to contents prescribed by law, in the ruling by means of which the defendant is proclaimed guilty, the court:
- shall establish which property or rights represents pecuniary benefit resulting from criminal offences and their monetary equivalent,
- shall establish that the property or rights have passed into the ownership or have become property of the Republic of Croatia,
- shall order the counterparty to submit specific property or transfer specific rights to the Republic of Croatia, unless they have already been transferred to the Republic of Croatia or to pay their monetary equivalent within 15 days from the date the verdict entered into force; or - shall determine that rights in favour of the Republic of Croatia are entered in the public registers managed by courts and other bodies.
Decisions by foreign bodies, by means of which pecuniary benefit resulting from criminal offences was confiscated from the defendant or related parties, shall be recognised and enforced in the territory of the Republic of Croatia, in accordance with the international contract.
If no international contract has been concluded with the respective country, the decision by a foreign body shall be recognised:
- if it is not contradictory to the public order of the Republic of Croatia,
- if it has not been made impossible for the party which the confiscation refers to, especially by failure of delivery, to participate in proceedings from which such a decision has arisen,
- if reciprocity exists