2004-12-03
Chapter I
GENERAL PROVISIONS
Article 1
(1) This Act regulates mutual legal assistance in criminal matters (hereinafter: «mutual legal assistance»), unless provided otherwise by an international treaty.
(2) Mutual legal assistance is provided in respect of criminal acts the punishment of which, at the time of the request for assistance, falls within the jurisdiction of the judicial authorities of the requesting state.
(3) Mutual legal assistance may also be afforded in misdemeanour proceedings brought by the administrative authorities, in respect of acts which are punishable under the Croatian law by pecuniary fine, by virtue of being infringements of the rule of law and where in such proceedings the decision of the administrative authority may give rise to proceedings before a court having subject matter jurisdiction in criminal matters.
(4) Mutual legal assistance is also afforded in criminal proceedings referred to in paragraph 2 of this Article, and misdemeanour proceedings referred to in paragraph 3 of this Article, which are brought against legal persons.
(5) Mutual legal assistance is also afforded in respect of the European Court of Human Rights and the European Court of Justice, as well as in respect of other international and supranational organisations whose member the Republic of Croatia may become, if so stipulated in an international treaty.
Meaning of terms in this Act
Article 2
Terms and expressions used herein shall have the following meanings:
1. domestic competent authority – Ministry of Justice of the Republic of Croatia and/or domestic judicial authorities acting upon requests for mutual legal assistance,
2. domestic judicial authority – courts and state attorney’s offices authorised by a special law to afford mutual legal assistance. In the context of this Act, a domestic judicial authority is also any administrative authority referred to in Article 1 paragraph 3 of this Act,
3. requesting state – a foreign state whose competent authority has transmitted the request for mutual legal assistance,
4. foreign competent authority – authority of the foreign state having jurisdiction, either pursuant to that county’s law or pursuant to an international treaty, to transmit and receive requests for mutual legal assistance and/or the foreign judicial authority referred to in point 5 of this Article,
5. foreign judicial authority – foreign courts and other judicial authorities having jurisdiction, pursuant to the law of the foreign state, to act in criminal matters, including the foreign administrative authorities having jurisdiction in misdemeanour proceedings subject to conditions referred to in Article 1 paragraph 3 of this Act,
6. foreigner – a person of any other nationality other than Croatian,
7. extradited person – prosecuted or convicted person in the extradition proceedings, as of the moment of his placement under detention for the purpose of extradition.
Article 3
(1) In particular, this Act shall regulate the following:
1. mutual legal assistance in criminal proceedings pending in the Republic of Croatia or a foreign country (procuring and transmitting articles to be produced in evidence, service of writs and records of judicial verdicts, appearance before the court of witnesses for testimony and other acts necessary to carry out the court proceedings),
2. procedures of extradition to the Republic of Croatia of prosecuted or convicted persons based on verdicts of domestic courts,
3. acts of extradition of foreigners prosecuted or convicted based on judicial verdicts of the state requesting extradition,
4. acts of taking over and surrendering criminal prosecution,
5. acts of enforcement of foreign judicial verdicts in criminal matters.
(2) This Act shall not apply to arrests, the enforcement of verdicts or offences under military law which are not offences punishable under ordinary criminal law.
Article 4
Mutual legal assistance is afforded in the widest sense, in compliance with the principles of domestic legal order, principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights.
Article 5
A domestic competent authority shall decide on suitability and manner of execution of an act of mutual legal assistance from the request of a foreign judicial authority, unless provided otherwise by the provisions of this Act or an international treaty.
