III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

1. GENERAL PROVISIONS

Article 17

Individual constitutionally-guaranteed freedoms and rights may be curtailed during a state of war or any clear and present danger to the independence and unity of the Republic of Croatia or in the event of any natural disaster. Such curtailment shall be decided upon by the Croatian Parliament by a two-thirds majority of all representatives or, if the Croatian Parliament is unable to convene, by the President of the Republic.

The extent of such restrictions must be adequate to the nature of the threat, and may not result in the inequality of citizens with respect to race, colour, gender, language, religion, national or social origin.

Even in cases of clear and present danger to the existence of the state, no restrictions may be imposed upon the provisions of this Constitution stipulating the right to life, prohibition of torture, cruel or unusual treatment or punishment, and concerning the legal definitions of criminal offences and punishment, and the freedom of thought, conscience and religion.

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 22

Human liberty and personality shall be inviolable.

No one shall be deprived of liberty, nor may such liberty be restricted, except when specified by law, upon which a court shall decide .

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 24

No one may be arrested or detained without a written court order grounded in law. Such an order has to be read and presented to the person placed under arrest at the moment of said arrest.

The police authorities may arrest a person without a warrant when there is reasonable suspicion that such person has perpetrated a grave criminal offence as defined by law. Such person shall be promptly informed, in understandable terms, of the reasons for arrest and of his/her rights as stipulated by law.

Any person arrested or detained shall have the right to appeal before a court, which must forthwith decide on the legality of the arrest.

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 25

Any arrested and convicted person shall be accorded humane treatment, and the dignity of such individual shall be respected.

Whosoever is detained and indicted of a criminal offence shall have the right to be brought before a court within the minimum time specified by law and to be acquitted or convicted within the statutory term.

A detainee may be released on bail to defend him-/herself.

Whosoever is illegally deprived of liberty or convicted shall, in compliance with law, be entitled to indemnification and a public apology.

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 28

Everyone is presumed innocent and may not be held guilty of a criminal offence until such guilt is proven by a binding court judgment.

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 29

Everyone shall be entitled have his or her rights and obligations, or suspicion or accusation of a criminal offence decided upon fairly before a legally established, independent and impartial court within a reasonable period.

In the case of suspicion or accusation of a criminal offence, the suspected, accused or indicted person shall be entitled:

– to be informed in detail and in a language he/she understands, within the shortest possible term, of the nature and grounds for the charges against him/her and the evidence incriminating him/her,

– to have adequate time and opportunity to prepare his/her defence,

– to defence counsel and unrestricted communication therewith, and to be informed of this right,

– to mount his/her own defence independently or with the assistance of a defence counsel of his/her own choice, and if he/she lacks the resources to engage such counsel, to have free counsel provided under the conditions specified by law,

– to be present at his/her trial insofar as he/she is at the disposal of the court,

– to interrogate or to arrange for interrogation of witnesses for the prosecution and to demand the attendance and questioning of defence witnesses under the same conditions which apply to witnesses for the prosecution,

– to assistance by an interpreter free of charge insofar as he/she does not understand the language used in the court.

An admission of guilt may not be coerced from a suspected, accused or indicted individual.

Evidence obtained illegally may not be admitted in court proceedings.

Criminal proceedings may only be initiated before the court at the request of an authorized prosecutor.

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

1. COMMON PROVISIONS

Article 17

Individual constitutionally-guaranteed freedoms and rights may be curtailed during a state of war or any clear and present danger to the independence and unity of the Republic of Croatia or in the event of any natural disaster. Such curtailment shall be decided upon by the Croatian Parliament by a two-thirds majority of all representatives or, if the Croatian Parliament is unable to convene, by the President of the Republic.

The extent of such restrictions must be adequate to the nature of the threat, and may not result in the inequality of citizens with respect to race, colour, gender, language, religion, national or social origin.

even in cases of clear and present danger to the existence of the State, no restrictions may be imposed upon the provisions of this Constitution stipulating the right to life, prohibition of torture, cruel or unusual treatment or punishment, and concerning the legal definitions of criminal offences and punishment, and the freedom of thought, conscience and religion.

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 22

Human liberty and personality shall be inviolable.

No one shall be deprived of liberty, nor may such liberty be restricted, except when specified by law, upon which a court shall decide.

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 24

No one may be arrested or detained without a written court order grounded in law. Such an order has to be read and presented to the person placed under arrest at the moment of said arrest.

The police authorities may arrest a person without a warrant when there is reasonable suspicion that such person has perpetrated a grave criminal offence as defined by law. Such person shall be promptly informed, in understandable terms, of the reasons for arrest and of his/her rights as stipulated by law.

Any person arrested or detained shall have the right to appeal before a court, which must forthwith decide on the legality of the arrest.

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 25

Any arrested and convicted person shall be accorded humane treatment, and the dignity of such individual shall be respected.

Whosoever is detained and indicted of a criminal offence shall have the right to be brought before a court within the minimum time specified by law and to be acquitted or convicted within the statutory term .

A detainee may be released on bail to defend him-/herself.

Whosoever is illegally deprived of liberty or convicted shall, in compliance with law, be entitled to indemnification and a public apology.

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 27

The legal profession, as an autonomous and independent service, shall provide everyone with legal aid in compliance with law.

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 28

Everyone is presumed innocent and may not be held guilty of a criminal offence until such guilt is proven by a binding court judgment.

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 29

Everyone shall be entitled have his or her rights and obligations, or suspicion or accusation of a criminal offence decided upon fairly before a legally established, independent and impartial court within a reasonable period.

In the case of suspicion or accusation of a criminal offence, the suspected, accused or indicted person shall be entitled:

– to be informed in detail and in a language he/she understands, within the shortest possible term, of the nature and grounds for the charges against him/her and the evidence incriminating him/her,

– to have adequate time and opportunity to prepare his/her defence,

– to defence counsel and unrestricted communication therewith, and to be informed of this right,

– to mount his/her own defence independently or with the assistance of a defence counsel of his/her own choice, and if he/she lacks the resources to engage such counsel, to have free counsel provided under the conditions specified by law,

– to be present at his/her trial insofar as he/she is at the disposal of the court,

– to interrogate or to arrange for interrogation of witnesses for the prosecution and to demand the attendance and questioning of defence witnesses under the same conditions which apply to witnesses for the prosecution,

– to assistance by an interpreter free of charge insofar as he/she does not understand the language used in the court.

An admission of guilt may not be coerced from a suspected, accused or indicted individual. Evidence obtained illegally may not be admitted in court proceedings.

Criminal proceedings may only be initiated before the court at the request of an authorized prosecutor.

III. Protection of Human Rights and Fundamental Freedoms
1. General Provisions
Article 17
Individual constitutionally-guaranteed freedoms and rights may be curtailed during a state of war or any clear and present danger to the independence and unity of the Republic of Croatia or in the event of any natural disaster. Such curtailment shall be decided upon by the Croatian Parliament by a two-thirds majority of all representatives or, if the Croatian Parliament is unable to convene, by the President of the Republic.
The extent of such restrictions must be adequate to the nature of the threat, and may not result in the inequality of citizens with respect to race, colour, gender, language, religion, national or social origin.
even in cases of clear and present danger to the existence of the State, no restrictions may be imposed upon the provisions of this Constitution stipulating the right to life, prohibition of torture, cruel or unusual treatment or punishment, and concerning the legal definitions of criminal offences and punishment, and the freedom of thought, conscience and religion.

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 22
Human liberty and personality shall be inviolable.
No one shall be deprived of liberty, nor may such liberty be restricted, except when specified by law, upon which a court shall decide.

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 24
No one may be arrested or detained without a written court order grounded in law. Such an order has to be read and presented to the person placed under arrest at the moment of said arrest.
The police authorities may arrest a person without a warrant when there is reasonable suspicion that such person has perpetrated a grave criminal offence as defined by law.Such person shall be promptly informed, in understandable terms, of the reasons for arrest and of his/her rights as stipulated by law .
Any person arrested or detained shall have the right to appeal before a court, which must forthwith decide on the legality of the arrest.

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 25
Any arrested and convicted person shall be accorded humane treatment, and the dignity of such individual shall be respected.
Whosoever is detained and indicted of a criminal offence shall have the right to be brought before a court within the minimum time specified by law and to be acquitted or convicted within the statutory term .
A detainee may be released on bail to defend himself. him-/herself
Whosoever is illegally deprived of liberty or convicted shall, in compliance with law, be entitled to indemnification and a public apology .

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 27
The legal profession, as an autonomous and independent service, shall provide everyone with legal aid in compliance with law.

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 28
Everyone is presumed innocent and my not be held guilty of a criminal offence until such guilt is proven by a binding court judgment.

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 29
Everyone shall be entitled have his or her rights and obligations, or suspicion or accusation of a criminal offence decided upon fairly before a legally established, independent and impartial court within a reasonable period.
In the case of suspicion or accusation of a criminal offence, the suspected, accused or indicted person shall be entitled:
–to be informed in detail and in a language he/she understands, within the shortest possible term, of the nature and grounds for the charges against him/her and the evidence incriminating him, /her,
–to have adequate time and opportunity to prepare his/her defence,
-to defence counsel and unrestricted communication therewith, and to be informed of this right,
– to mount his/her own defence independently or with the assistance of a defence counsel of his/her own choice, and if he/she lacks the resources to engage such counsel, to have free counsel provided under the conditions specified by law,

–to be present at his/her trial insofar as he/she is at the disposal of the court,
–to interrogate or to arrange for interrogation of witnesses for the prosecution and to demand the attendance and questioning of defence witnesses under the same conditions which apply to witnesses for the prosecution,
–to assistance by an interpreter free of charge insofar as he/she does not understand the language used in the court.
An admission of guilt may not be coerced from a suspected, accused or indicted individual. Evidence obtained illegally may not be admitted in court proceedings.
Criminal proceedings may only be initiated before the court at the request of an authorized prosecutor.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 3
(1) A person is innocent and no one may hold him culpable of a criminal offence until the culpability is established by a final judgement.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 4

(1) The court shall ensure equal possibilities for establishing evidence at the hearing to the party and the defence counsel pursuant to this Act.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 4

(3) The State Attorney's office, the investigator and the police authority shall explicate the suspicion of a criminal offence, for which the public prosecution is undertaken, independently and without bias. These authorities shall be bound to collect data on the guilt and innocence of the defendant with equal solicitude.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 5

(1) The defendant shall have the right to defend himself in person or be assisted by a defence counsel of his own choice retained from the ranks of the Bar. Subject to the provisions of this Act, if the defendant does not retain a defence counsel, in order to provide for his defence, a defence counsel shall be appointed to the defendant.

(2) Under the conditions stipulated by this Act, if the defendant has insufficient means to retain a defence counsel, the defence counsel shall be appointed to the defendant at his request and paid from the budget funds.

(3) The court or other authorities participating in criminal proceedings shall inform the defendant of his right to a defence counsel and to unimpeded communication with the defence counsel before the interrogation.

(4) The defendant must be accorded adequate time and opportunity to prepare his defence.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 7

(2) A person arrested under suspicion of having committed a criminal offence shall be promptly informed of:

1) the reasons for his arrest in a way that he can understand,
2) that he is under no obligation to testify,
3) that he is entitled to legal assistance of a defence counsel of his own choice,
4) that the competent authority shall upon his request inform his family or another person designated by the defendant that he is under arrest.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 8

(2) The parties, witnesses and other procedural participants shall have the right to use their own language. If proceedings are not carried out in their language, the interpretation of statements and the translation of documents and other written evidence shall be provided. The interpretation and translation shall be carried out by an interpreter.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 11

(1) The defendant shall have the right to be brought before the competent court to decide on the charges in the shortest possible time. The duration of investigative detention or other measures of depriving or limiting freedom of the defendant shall be limited to the shortest time necessary.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter I - PRELIMINARY PROVISIONS

Article 11

(2) The proceedings shall be conducted without delay and the court and other state authorities shall be bound to prevent any abuse of the rights of the procedural participants. In proceedings in which the defendant has temporarily been deprived of freedom, the court and state authorities shall proceed with special expedition.

(1) In criminal proceedings, the defendant shall have the right to:

1. before the interrogation or any other action regulated by this Act, be dully informed of the grounds for the suspicion that he has committed the offence he is being charged with;

2. freely testify, refuse to testify completely or refuse to answer a posed question,

3. plead not guilty,

4. retain a defence counsel of his own choice,

5. be appointed a defence counsel in cases prescribed by this Act,

6. communicate freely with his defence counsel without supervision unless, by way of an exception, the
court or the State Attorney orders supervision,

7. have the defence counsel present, or must have the defence counsel present in cases prescribed by law, at his interrogation,

8. inspect, copy, record files and objects which serve as evidence, pursuant to this Act,

9. suggest evidence,

10. participate in evidentiary and other procedural actions in accordance with this Act,

11. make a motion for certain actions, a petition rendering of rulings and file motions in the proceedings,

12. use his native language in the proceedings and be provided with an interpreter in accordance with this Act,

13. appeal to the indictment;

14. participate in the examination session of the indictment,

15. plead guilty and communicate about the sanction,

16. participate at the hearing and evidentiary hearing;

17. propose judicial remedies and other legal means.

2 Defence Counsel

Article 72

(1) When no conditions for mandatory defence exist, the court may, if the special circumstances of the case justify it, assign a defence counsel to the defendant at his request if he, due to his financial situation, is unable to pay the defence costs.

(2) A request for the assignment of a defence counsel according to paragraph 1 of this Article may be made only after the indictment has been preferred for the offence for which a sentence of imprisonment to five years or longer is prescribed. The investigating judge, the president of the panel or the single judge shall decide on the defendant’s request. The defence counsel shall be assigned by the decision of the president of the court. An appeal against the decision shall not be allowed.

CRIMINAL PROCEDURE CODE 2009

Part one – GENERAL PROVISIONS

Chapter VI - DEFENDANT AND DEFENCE COUNSEL

2 Defence Counsel

Article 75

(1) The arrested person shall have the right to communicate freely and without obstructions with his defence counsel as soon as the arrested person retained a defence counsel, or as soon as the decision on assigning a defence counsel is made.

I. GENERAL PROVISIONS
URGENCY
Article 9
Courts and other state bodies shall act with particular urgency when dealing in procedures against perpetrators of the criminal offences referred to in Article 1 of this Law and in co-operation with the International Criminal Court, but not to the detriment of legality and regularity.

II. PROSECUTION IN REPUBLIC OF CROATIA

JURISDICTION OF THE CROATIAN COURTS AND OTHER AUTHORITIES
Article 10

(2) In addition to the perpetrators referred to in paragraph 1 of this Article, other perpetrators shall also be prosecuted in the Republic of Croatia regardless of the place where they were committed or the nationality of the perpetrator if the perpetrator is arrested in the Republic of Croatia or extradited to the Republic of Croatia and the criminal procedure has not been conducted before the International Criminal Court or before a court of another state, or the conditions for the conducting of procedure against the perpetrator before the International Criminal Court, court of the state in which the criminal offence was committed, court of the state whose national is the perpetrator or any other court competent and before which it may be expected the conducting of fair trail do not exists.

II. PROSECUTION IN REPUBLIC OF CROATIA
JURISDICTION OF THE CROATIAN COURTS AND OTHER AUTHORITIES
Article 10
(3) In cases referred to in paragraph 2 of this Article or if the procedure was conducted in other state contrary to the internationally accepted standards of the fair trial, the criminal procedure may be instituted against the perpetrator with the approval of the State Attorney General.

VI. ARREST AND SURRENDER OF ACCUSED
INTERROGATION OF THE ACCUSED
Article 34
In the procedure conducted to decide on the request of the International Criminal Court for the surrender of the accused, the court shall inform the accused about the request and the charges against him/her and shall interrogate him/her about the criminal offences he/she is being charged with and about other circumstances which are important for deciding on the request of the International Criminal Court.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

GENERAL PROVISIONS

Article 9

In the prosecution of crimes and the co-operation with the International Criminal Court, courts and other state authorities shall act urgently, but not to the detriment of legality and regularity.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA
LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA

Article 10

(2) In addition to the crimes specified in the foregoing paragraph, other crimes shall also be prosecuted in the Republic of Croatia, regardless of the place where they were committed or the nationality of the suspect, if the suspect is arrested in or extradited to the Republic of Croatia and the criminal procedure has not been conducted before the International Criminal Court or before a court of another state, or if the respective suspect for one reason or another cannot be tried before the International Criminal Court or a court of the state where the crime was committed, a court of the state of the suspect's residence or another competent court from which a fair trial can be expected.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 29

During the whole surrender procedure the person indicted must have a defence counsel.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 30

(1) Acting on the request of the International Criminal Court the police shall apprehend the person indicted whose apprehension and surrender or temporary apprehension has been requested by the International Criminal Court, and shall promptly bring the person before an investigative judge of the court authorised to conduct the surrender procedure. If the person indicted is on the run, the police shall conduct the necessary measures at their disposal to find and apprehend the person in question.

(2) If the person indicted is on the run, the investigative judge may, in addition to other measures necessary to find and apprehend the person in question; at the proposal of the public attorney order the measures from Article 180 paragraph 1 sub-paragraphs 1-4 of the Law on Criminal Procedure.

(3) The Government of the Republic of Croatia shall promptly forward to the police the arrest warrant of the International Criminal Court.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 31

(2) The custody ordered by the investigative judge may have the maximum duration as the custody during the investigation pursuant to Article 16 hereof.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 33

In the procedure conducted to decide on the request of the International Criminal Court for the surrender of the person indicted, the court shall inform the person indicted about the request and the charges against him/her and shall interrogate him/her about the crimes he/she is being charged with and about other circumstances which are important for deciding on the request.