CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER FIVE (v) - PUNISHMENT AND SENTENCING
Article 51
(1) A fine shall be imposed according to daily income. It amounts to at least ten and not more than three hundred daily incomes, except for criminal offenses committed for personal gain when the maximum fine may amount to five hundred daily incomes.
(2) The court shall determine the number of daily incomes on the basis of mitigating and aggravating circumstances referred to in Article 56 of this Code other than those relating to the financial situation of the perpetrator.
(3) When determining the amount of a daily income, the court shall take into account the perpetrator’s total income, his property and his family obligations. If the perpetrator of a criminal offense does not have any income but is the owner of property or property rights, the court shall determine the daily income by a free estimate in accordance with the value of such property or property rights.
(4) In the proceedings for the issuance of a criminal order (Article 446 of the Criminal Procedure Act), the court shall take the average daily income in the Republic of Croatia as the daily income of the perpetrator. The average daily income is determined and published every six months by the Supreme Court of the Republic of Croatia on the basis of the official data of the State Bureau of Statistics.
(5) The court ruling shall specify the number and the amount of daily incomes. The final amount of the fine is the product of multiplying the number of daily incomes by the amount of the daily income.
(6) The court shall determine the period for the payment of the fine which shall not be less than thirty days nor more than six months.
CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER FIVE (v) - PUNISHMENT AND SENTENCING
Article 53
(1) Imprisonment may not be shorter than thirty days or longer than twenty years.
(2) For the most serious forms of criminal offenses, life imprisonment may be prescribed (hereinafter: life sentence).
(3) Long-term imprisonment shall never be prescribed as the sole principal punishment for a specific criminal offense.
(4) Long-term imprisonment shall not be imposed on a perpetrator who, at the time of the perpetration of the criminal offense, has not reached the age of twenty-one years.
(5) The imprisonment of juveniles shall be imposed under the conditions prescribed by a special statute on young perpetrators of criminal offenses. The imprisonment of juveniles is in its purpose, nature, duration and manner of execution a special penalty of deprivation of liberty.
(6) When imprisonment without a minimum duration and with a maximum duration of three years is prescribed for a criminal offense, together with such a penalty, a fine shall be prescribed as an alternative punishment.
(7) Imprisonment shall be assessed and imposed in full years and months, and in full days if its duration is up to three months.
CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER SEVEN (vii) - SECURITY MEASURES
Article 80
(1) The security measure of forfeiture may be ordered with regard to an object which was designed for, or used in, the perpetration of a criminal offense, or came into being by the perpetration of a criminal offense, when there is a danger that the object will be used again for the perpetration of a criminal offense or when the purpose of protecting the public safety or moral reasons make the forfeiture of such an object seem absolutely necessary.
(2) The implementation of this security measure does not affect the right of redress of third persons from the perpetrator.
(3) In certain cases, the law may prescribe mandatory forfeiture.
CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER EIGHT (viii) – CONFISCATION OF PECUNIARY GAIN, PUBLIC ANNOUNCEMENT OF JUDGMENT, LEGAL CONSEQUENCES OF CONVICTION, REHABILITATION, AMNESTY AND PARDON
Confiscation of Pecuniary Gain Acquired by a Criminal Offense
Article 82
(1) The court shall confiscate a pecuniary gain acquired by means of a criminal offense.
The confiscation (2) The confiscation of a pecuniary gain shall be ordered by a court decision establishing that a criminal offense has been committed. If it is impossible to seize in full or in part the pecuniary gain consisting of money, securities or objects, the court shall obligate the perpetrator of the criminal offense to pay the equivalent sum of money.
(3) The pecuniary gain shall also be confiscated if it is in possession of a third party on any legal ground and it has not been acquired in good faith.
(4) If an injured party has been granted his claim of ownership, the court shall confiscate only the part of the pecuniary gain which exceeds the granted claim.
(5) The court shall confiscate the pecuniary gain even if the injured party is instructed to claim his right in a civil action. If this is the case, the injured party may be reimbursed from the forfeited pecuniary gain if he has instituted a civil action within a period of six months from the date the decision establishing his right to reimbursement from the forfeited pecuniary gain became final.
(6) An injured party who, in the course of criminal proceedings, has not submitted a motion to realize his claim of ownership, he may request reimbursement from the forfeited pecuniary gain if he initiates a civil action within three months following the final decision on the forfeiture of the pecuniary gain, and not later than two years after the decision on the forfeiture of the pecuniary gain became final, or if, within three months from the day of finality of the decision establishing his right, he requests reimbursement.
CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER EIGHT (viii) – CONFISCATION OF PECUNIARY GAIN, PUBLIC ANNOUNCEMENT OF JUDGMENT, LEGAL CONSEQUENCES OF CONVICTION, REHABILITATION, AMNESTY AND PARDON
Article 82
(5) The court shall confiscate the pecuniary gain even if the injured party is instructed to claim his right in a civil action. If this is the case, the injured party may be reimbursed from the forfeited pecuniary gain if he has instituted a civil action within a period of six months from the date the decision establishing his right to reimbursement from the forfeited pecuniary gain became final.
(6) An injured party who, in the course of criminal proceedings, has not submitted a motion to realize his claim of ownership, he may request reimbursement from the forfeited pecuniary gain if he initiates a civil action within three months following the final decision on the forfeiture of the pecuniary gain, and not later than two years after the decision on the forfeiture of the pecuniary gain became final, or if, within three months from the day of finality of the decision establishing his right, he requests reimbursement.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.