Procedure for search (asset-tracing) and seizure

The Central Authority (name of the institution, address, telephone, fax and e-mail where available) responsible for mutual legal assistance (including freezing and seizure):

Ministry of Justice of the Republic of Croatia

10 000 Zagreb

Vukovarska Street 49

Tel +385 1 3714 558

Fax +385 1 3714 392

E-mail: [email protected]

If different from the Central Authority, the authority to which the request should be sent (name of the institution, address, telephone, fax and e-mail where available):

Ministry of the Interior of the Republic of Croatia

Ulica grada Vukovara 33

10000 Zagreb

Channels of communication for the request for mutual legal assistance (directly, or other):

Domestic judicial authorities forward requests for

mutual legal assistance through the Ministry of Justice, and

the Ministry is also competent to receive requests from

competent foreign authorities.

Apart from that, domestic judicial authorities may

forward the request for MLA directly to the foreign judicial

authority, where so is expressly provided in domestic

legislation and under the condition of reciprocity, or where

direct communication is provided in an international treaty.

In the cases of such direct communication, a copy of the

request shall be submitted also to the Ministry of Justice.

In urgent cases and if there is reciprocity, the Ministry

of Justice may forward and receive requests for MLA

through Interpol. In those cases domestic judicial

authorities may forward and receive requests for MLA

through Interpol, with a condition that a copy of that

request will be forwarded to the Ministry of Justice.

The Ministry of Justice receives and forwards the MLA

requests through the ministry in charge of foreign affairs,

from and to a foreign state with which the Republic of

Croatia has not concluded an international treaty, and in

cases where an international treaty expressly provides so.

Means of communication (e.g. by post, fax, e-mail[1]):

The MLA request may be submitted to the Ministry of

Justice by electronic mail or by some other means of

telecommunications leaving a written record, if it may

establish its authenticity, and if the competent foreign

authority is willing, at request, to deliver a written notice

about the method of sending the request and the original

request.

Besides submitting the MLA requests, any questions

and other types of communication regarding a mutual legal

assistance with Ministry of Justice as a central authority, are

welcome in any means (contacts stated above).

Language requirements:

Unless stipulated differently in an international agreement,

the request, and the supporting documents, shall be

accompanied by a translation into the Croatian language,

and if that is not possible, into the English language.

Translations have to be officially certified.

Double criminality requirement, if applicable:

Not required (Mutual legal assistance is provided for

criminal offences whose punishment is, at the moment of

forwarding of the request, within the competence of the

judicial authorities of the requesting state. Mutual legal

assistance is also provided in misdemeanour procedures

conducted by the administrative authorities, in connection

with offences that are under Croatian law punishable by

fines, because they represent an infringement of the rule of

law and if in such procedures the decision of the

administrative authority may lead to a procedure before a

court competent for criminal matters)

Other requirements: for example a link between the proceeds and the criminal offence, or that a request for the confiscation judgment or measure will be made later, or that leave is given by a  judge for the seizure of assets/goods:

According to the declaration that Republic of Croatia

stated regarding the Article 5. Paragraph 1 of the European

Convention on Mutual Assistance in Criminal Matters, and

in accordance with domestic legislations, requests for

mutual legal assistance seeking search or seizure of

property must be accompanied with decision of the

competent judicial authority.

Modalities/requirements for the execution of  MLA requests for investigative assistance (search, tracing, special investigative techniques),  existence of a central register of real estate/  bank accounts, duration of preservation of bank data, etc.:

There is no central register of real estate in the Republic of Croatia, therefore the real estate that is the subject of the request should be specified with details.

There is the central bank account register in the Republic of Croatia.

Limitation of use of evidence obtained:

The evidence obtained can be used only in the criminal

proceedings for which it was requested/obtained and for

purpose specified in a request.

Modalities/requirements related to the execution of provisional measures (freezing, prejudgment seizing) including lifting of these measures (possibilities to seize (im)movable properties) and applicable time limits, if any:

1. Decisions by foreign bodies, by means of which temporary or similar measures have been imposed regardless of their name, related to the insurance of the confiscation of pecuniary benefit resulting from criminal offences, shall be recognised and enforced on 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 opposing party, especially by failure of delivery, to participate in proceedings from which such a decision has arisen,

- if reciprocity exists.

2. If the proposal for the purpose of insuring the confiscation of pecuniary benefit resulting from criminal offences has been filed before proceedings have been initiated, the insurance by means of a temporary measure shall be abolished unless charges have been confirmed, within the period of two years from the date on which the measure has been imposed.

If the judgment has been rendered, insurance by means of a temporary measure may be valid for a maximum of 60 days after the court has delivered information to the proponent that the verdict has became final.

 Available asset management system including preservative measures, ,(for example  prejudgment selling), concerning the seized goods: 

According to the conditions prescribed by the Croatian Act on proceedings for the confiscation of pecuniary benefit resulting from criminal offences and misdemeanours, the decision on the sale of temporarily confiscated movables may be reached:

a) if their keeping is dangerous, or

b) if there is immediate danger from their deterioration or significant loss of value.

Procedure for confiscation/ Recognition of foreign decisions. Recovery of confiscated assets.

The Central Authority (name of the institution, address, telephone, fax and e-mail where available) responsible for Confiscation/ recognition of foreign judgments/decisions/measures:

The Ministry of Justice of the Republic  of Croatia

Ulica grada Vukovara 49, 10 000 Zagreb

tel: +385 1 3714 558

fax: +385 1 3714 559-

E-mail: [email protected]

If different from the Central Authority, the authority to which the request should be sent (name of the institution, address, telephone, fax and e-mail where available):

The competent authority is the Ministry of Justice of the

Republic of Croatia, with contact information as stated

above.

Channels of communication for the request for mutual legal assistance (directly, or other):

Domestic judicial authorities forward requests for

mutual legal assistance through the Ministry of Justice, and

the Ministry is also competent to receive requests from

competent foreign authorities.

Apart from that, domestic judicial authorities may

forward the request for MLA directly to the foreign judicial

authority, where so is expressly provided in domestic

legislation and under the condition of reciprocity, or where

direct communication is provided in an international treaty.

In the cases of such direct communication, a copy of the

request shall be submitted also to the Ministry of Justice.

In urgent cases and if there is reciprocity, the Ministry

of Justice may forward and receive requests for MLA

through Interpol. In those cases domestic judicial

authorities may forward and receive requests for MLA

through Interpol, with a condition that a copy of that

request will be forwarded to the Ministry of Justice.

The Ministry of Justice receives and forwards the MLA

requests through the ministry in charge of foreign affairs,

from and to a foreign state with which the Republic of

Croatia has not concluded an international treaty, and in

cases where an international treaty expressly provides so.

Means of communication (e.g. by post, fax, e-mail[2]):

The MLA request may be submitted to the Ministry of

Justice by electronic mail or by some other means of

telecommunications leaving a written record, if it may

establish its authenticity, and if the competent foreign

authority is willing, at request, to deliver a written notice

about the method of sending the request and the original

request.

Besides submitting the MLA requests, any questions

and other types of communication regarding a mutual legal

assistance with Ministry of Justice as a central authority, are

welcome in any means (contacts stated above).

Language requirements:

Unless stipulated differently in an international agreement,

the request, and the supporting documents, shall be

accompanied by a translation into the Croatian language,

and if that is not possible, into the English language.

Translations have to be officially certified.

Document requirements and modalities/requirements for the procedure of confiscation:

According to the declaration that Republic of Croatia

stated regarding the Article 5. Paragraph 1 of the European

Convention on Mutual Assistance in Criminal Matters, and

in accordance with domestic legislations, requests for

mutual legal assistance seeking search or seizure of

property must be accompanied with decision of the

competent judicial authority.

Other requirements, if applicable:

For example: a link between the proceeds and the criminal offence.

In case of money laundering, what are the requirements for the predicate offence(s):

Money Laundering

(1) Whoever invests, takes over, converts, transfers or replaces a pecuniary advantage derived from criminal activity for the purpose of concealing or disguising its illicit origin

shall be sentenced to imprisonment for a term of between six months and five years.

(2) The sentence referred to in paragraph 1 of this Article shall be imposed on whoever conceals or disguises the true nature, source , location, disposition, movement, rights with respect to, or ownership of a pecuniary advantage derived by another from criminal activity.

(3) The sentence referred to in paragraph 1 of this Article shall be imposed on whoever acquires, possesses or uses the pecuniary advantage derived by another from criminal activity.

 (4) Whoever commits the offence referred to in paragraph 1 or 2 of this Article in financial or other dealings or where the perpetrator engages professionally in money laundering or the pecuniary advantage referred to in paragraph 1, 2 or 3 of this Article is of considerable value,

shall be sentenced to imprisonment for a term of between one and eight years.

(5) Whoever commits the offence referred to in paragraph 1, 2 or 4 of this Article through negligence with respect to the circumstance that the pecuniary advantage is derived from criminal activity

shall be sentenced to imprisonment for a term of up to three years.

(6) If the pecuniary advantage referred to in paragraphs 1 through 5 of this Article is derived from criminal activity carried out in a foreign country, the perpetrator shall be punished when the activity is a criminal offence also under the domestic law of the country where it is committed.

(7) The perpetrator referred to in paragraphs 1 through 5 of this Article who contributes of his/her own free will to the discovery of the criminal activity  from which a pecuniary advantage has been derived may have his/her punishment remitted.

(Article 265 of the Criminal Code)

Procedure /possibilities to trace assets/proceeds when a (foreign) confiscation order is already given:

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.

Procedure for sharing of assets, if applicable:

After the payment of the costs of sales and storage.

Where applicable, limitations to the possibility for the requesting state to serve judicial documents directly to the persons concerned:

Procedural documents and judicial decisions may be directly address, by post, to persons who are in the territory of the Republic of Croatia.

Other particularly relevant information on special types of assistance

Non Conviction Based Confiscation:

 Applicable, only for criminal non conviction in certain cases, not applicable for civil non conviction based.

MLA regarding liability of legal persons (criminal, civil or administrative):

International legal assistance is also afforded in criminal proceedings and in misdemeanour procedures conducted against legal persons.

Other information (for example, extended confiscation, confiscation for the purpose of victims):

If the pecuniary advantage gained from a criminal offence has been merged into legitimately acquired property, total property shall be subject to confiscation up to the estimated value of pecuniary advantage. The advantage gained from property in which the legitimately acquired property was merged with the pecuniary advantage gained from a criminal offence shall also be confiscated in the same manner.

The pecuniary advantage referred gained from a criminal offence shall be confiscated from a family member irrespective of the legal basis on which he/she possesses it and regardless of whether he/she lives in a shared household with the perpetrator

The pecuniary advantage gained from a criminal offence shall also be confiscated from another person irrespective of the legal basis on which it was acquired unless this person makes it probable that he/she acquired the advantage in good faith and at a reasonable price.

If the person against whom criminal proceedings have been instituted dies, the pecuniary advantage gained by an unlawful act may be confiscated from his/her successors in proceedings prescribed by a special act.

Links to national legislation, national guides on procedure:

Relevant legislation in criminal matters of the Republic of

Croatia can be found

athttp://www.vsrh.hr/EasyWeb.asp?pcpid=286

in English language

and at www.nn.hr

in Croatian Language.