CONSTITUTION OF THE REPUBLIC OF CROATIA
III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS
Article 31
No one may be re-tried nor penalized in criminal prosecution for an act for which such individual has already been acquitted or sentenced by a binding court judgment in accordance with law.
The cases and reasons for the renewal of court proceedings under paragraph (2) of this Article may be stipulated solely by law, in accordance with the Constitution and international treaties.
III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 31
No one may be re-tried nor penalized in criminal prosecution for an act for which such individual has already been acquitted or sentenced by a binding court judgment in accordance with law.
The cases and reasons for the renewal of court proceedings under paragraph (2) of this Article may be stipulated solely by law, in accordance with the Constitution and international treaties.
CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER TWO (ii) – APPLICABILITY OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF CROATIA
Article 15
(1) When, in the case of the applicability of the criminal legislation of the Republic of Croatia pursuant
to Article 13 of this Code, criminal proceedings have commenced or are terminated in a foreign state, criminal proceedings in the Republic of Croatia shall be instituted only upon approval of the State Attorney of the Republic of Croatia.
(2) Exceptionally, when a final judgement of a state party to the Convention implementing the Schengen Agreement, according to which an imprisonment was served or is being served, or the serving is not possible according to the Act on Serving Prison Sentence, is related to a crime partially committed in the territory of that state, criminal proceedings in the Republic of Croatia may not be instituted even upon approval of the State Attorney of the Republic of Croatia.
(2) When, in the case of the applicability of the criminal legislation of the Republic of Croatia pursuant to Article 13 of this Code, the perpetrator of a criminal offense is an alien, criminal proceedings may, under conditions of reciprocity, be ceded to the foreign state.
(3)The decision on ceding criminal proceedings in the case referred to in paragraph 2 of this Article shall be passed by the State Attorney of the Republic of Croatia.
CROATIA CRIMINAL CODE
GENERAL PART
CHAPTER TWO (ii) – APPLICABILITY OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF CROATIA
Article 16
(1) In the cases specified in Article 14, paragraphs 2, 3 and 4 of this Code, criminal proceedings for the purposes of applying the criminal legislation of the Republic of Croatia shall not be instituted:
–if the perpetrator has served in full the sentence imposed on him in a foreign state;
–if the perpetrator has been acquitted by a final judgment in a foreign state, or if he has been pardoned, or if the statutory time limitation has expired under the law in force at the place of crime;
CRIMINAL PROCEDURE CODE 2009
Part one – GENERAL PROVISIONS
Chapter I - PRELIMINARY PROVISIONS
Article 12
(1) No one shall be criminally prosecuted again for an offence for which he has already been tried for and for which a final judgement was pronounced.
(2) Criminal proceedings against a person who was acquitted by a final judgement may not be reopened.
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
IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT
(1) A person indicted whose guilt has been decided on by the International Criminal Court cannot be tried for the same crime in the Republic of Croatia, nor can a previous national adjudication in the same matter be enforced.
(2) At the request of the Public Attorney or of the person indicted who has been tried by the International Criminal Court, the adjudication of a court in the Republic of Croatia concerning the same crime shall be altered through appropriate implementation of the provisions of the Law on Criminal Procedure related to the alteration of adjudication in accordance with the rules on the renewal of proceedings.
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
IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT
Article 21
(1) No criminal proceedings may be conducted against the same indicted person for the same crime simultaneously in the Republic of Croatia and before 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
IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT
Article 21
(3) When the International Criminal Tribunal begins with the proceedings, no proceedings shall be instituted in the Republic of Croatia against the same indicted person for the same crime.
1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7, 8 or 8 bis shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.