2004-12-03
Refusal of the request
Article 12
(1) Domestic competent authority may refuse the request for mutual legal assistance:
1. if the request concerns an offence which is considered to be a political offence, an offence connected with a political offence,
2. if the request concerns a fiscal offence,
3. if the execution of the request would prejudice the sovereignty, security, legal order or other essential interests of the Republic of Croatia,
4. if it may reasonably be assumed that a person whose extradition is claimed would be in case of extradition criminally prosecuted or punished on account of his race, religious beliefs, nationality, affiliation with a particular social group or on account of his political beliefs, i.e. that that person’s position may be prejudiced for any of these reasons,
5. if it concerns an insignificant criminal offence.
(2) Criminal offences or attempts to commit criminal offences against the values protected by international law, and participation in execution of such criminal offences, may not serve as basis for refusal of the request for mutual legal assistance in the context of paragraph 1 point 1 of this Article.
(3) Request for mutual legal assistance concerning the fiscal offence referred to in paragraph 1 point 2 of this Article shall not be refused solely based on the grounds it concerns an offence which is considered to be a fiscal offence pursuant to domestic law.
