CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER TWO (ii) – APPLICABILITY OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF CROATIA
Article 13
(1) The criminal legislation of the Republic of Croatia shall apply to anyone who commits a criminal offense within its territory.
(2) The criminal legislation of the Republic of Croatia shall also apply to anyone who commits a criminal offense aboard a domestic vessel, regardless of the location of such a vessel at the time the criminal offense is committed.
(3) The criminal legislation of the Republic of Croatia shall also apply to anyone who commits a criminal offense aboard a domestic civil aircraft while in flight, or a domestic military aircraft, regardless of the location of such an aircraft at the time the criminal offense is committed.
CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER TWO (ii) – APPLICABILITY OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF CROATIA
(2) The criminal legislation of the Republic of Croatia shall be applied to a Croatian citizen who, outside the territory of the Republic of Croatia, commits a criminal offense other than those specified in paragraph 1 of this Article.
(3) The criminal legislation of the Republic of Croatia shall be applied to an alien who, outside the territory of the Republic of Croatia, commits a criminal offense against the Republic of Croatia or its citizen which is not specified in paragraph 1 of this Article.
(4) The criminal legislation of the Republic of Croatia shall be applied to an alien who, outside the territory of the Republic of Croatia, commits against a foreign state or another alien a criminal offense for which, under the law in force in the place of crime, a punishment of five years of imprisonment or a more severe penalty may be applied or who commits a criminal offense from Chapter (xiii) of this Code.
(5) In the cases referred to in paragraphs 2 and 3 of this Article, the criminal legislation of the Republic of Croatia shall be applied only if the perpetrator of the criminal offense is found within the territory of the Republic of Croatia, or has been extradited to it, and in the case referred to in paragraph 4 of this Article, only if the perpetrator is found within the territory of the Republic of Croatia and is not extradited to another state.
CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER TWO (ii) – APPLICABILITY OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF CROATIA
(3) In the case referred to in Article 14, paragraph 4 of this Code, when the committed act is not punishable under the law in force in the country in which it was committed but is deemed to be a criminal offense according to the general principles of law of the international community, the State Attorney of the Republic of Croatia may authorize the institution of criminal proceedings in the Republic of Croatia and the application of the criminal legislation of the Republic of Croatia.
CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER THREE (iii)CRIMINAL OFFENSE
Article 26
A criminal offense is committed at the time the perpetrator acts or ought to have acted, irrespective of the time when the consequence, which is a material element of the criminal offense, occurs.
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
(1) Crimes committed in the Republic of Croatia, crimes committed by the Croatian nationals and the crimes the victims of which are the Croatian nationals shall be prosecuted in the Republic of Croatia and brought before a competent Croatian court.
(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.
(3) By way of derogation from paragraph 1 of this article, no crime shall be prosecuted in the Republic of Croatia if already prosecuted by the International Criminal Court, and such a case shall be referred to 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
II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA
Article 12
(1) The national courts competent for the prosecution of crimes shall be the County Courts of Osijek, Rijeka, Split and Zagreb.
(2) In addition to the courts specified in the foregoing paragraph, competence is also vested in courts as specified in the general regulations on criminal procedure competence.
(3) A trial shall be conducted before a competent court where the public attorney has instituted criminal proceedings.
(4) The responsible public attorney can institute criminal proceedings at a court other than the court which would be competent under the general regulations on criminal procedure competence, if so approved by the Public Attorney General.
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
III. NOTIFICATION T O THE PROSECUTOR AND ACTION T O BE TAKEN UPON THE PROSECUTOR'S NOTIFICATION
Article 17
(1) State authorities, legal and natural persons with knowledge of a crime within the competence of the International Criminal Court, irrespective of the place where it was committed and other than a crime already prosecuted in the Republic of Croatia or before the International Criminal Court or a competent court of another state, shall notify thereof the responsible public attorney.
(2) The responsible public attorney, provided that requirements under the Criminal Procedure Act are met, shall take necessary steps and institute a prosecution procedure.
(3) If for actual or legal reasons such criminal prosecution cannot be initiated in the Republic of Croatia, the Public Attorney General shall notify thereof the Government of the Republic of Croatia which in turn, in accordance with Article 14 of the Statute, may refer the case to the Prosecutor.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.