Statute of limitations - national proceedings

Croatia

Croatia - Constitution 1990 (2001) EN

CONSTITUTION OF THE REPUBLIC OF CROATIA

III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 31

The statute of limitations shall not apply to the criminal offences of war profiteering, nor any criminal offences perpetrated in the course of economic transformation and privatization and perpetrated during the period of the Homeland War and peaceful reintegration, wartime and during times of clear and present danger to the independence and territorial integrity of the state, as stipulated by law, or those not subject to the statute of limitations under international law. Any gains obtained by these acts or in connection therewith shall be confiscated.

Croatia - Constitution 1990 (2013) EN

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 31
The statute of limitations shall not apply to the criminal offences of war profiteering, nor any criminal offences perpetrated in the course of economic transformation and privatization and perpetrated during the period of the Homeland War and peaceful reintegration, wartime and during times of clear and present danger to the independence and territorial integrity of the state, as stipulated by law, or those not subject to the statute of limitations under international law. Any gains obtained by these acts or in connection therewith shall be confiscated.

Croatia - Criminal Code 1997 (2008) EN

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER TWO (ii) – APPLICABILITY OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF CROATIA

Article 18

(1) Due to the statute of limitations, the criminal legislation of the Republic of Croatia may not be applied after the period determined by this Code has elapsed from the time the offense has been committed, the punishment pronounced or other criminal sanction ordered.

(2) The non-applicability of the criminal legislation of the Republic of Croatia does not refer to the criminal offenses of genocide, as referred to in Article 156, a war of aggression, as referred to in Article 157, crime against humanity referred to in the Article 157a, war crimes, as referred to in Articles 158, 159 and 160 of this Code, or other criminal offenses which, pursuant to international law, are not subject to the statute of limitations.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER TWO (ii) – APPLICABILITY OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF CROATIA

Article 24

No statutory limitation shall apply to the execution of punishment pronounced to a perpetrator of the criminal offence of genocide as specified in article 156, of a war of aggression as specified in article 157, of crime against humanity as specified in the Article 157a, of command responsibility as specified in the Article 167a, of war crimes as specified in Articles 158, 159 and 160 of this Code, or of other criminal offences which, pursuant to international law, are not subject to the statute of limitations.

The statutes of limitation shall not apply to execution of the punishment of life imprisonment and of punishments pronounced for the criminal offenses specified in Article 18, paragraph 2 of this Code.

Croatia - Implementation of Statute of ICC 2003 (2004) EN

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.

(2) When proceedings against the person indicted are under way before a court in Croatia, and the International Criminal Court begins criminal proceedings against the same person for the same crime, the proceedings before the court in Croatia will be suspended upon the surrender of the person indicted to the International Criminal Court or when this person otherwise appears before the ICC.

(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.

(4) If the adjudication of a court in the Republic of Croatia has become final, it shall not be enforced, and if the enforcement is under way, it shall be suspended upon the surrender of the person indicted to the International Criminal Court.

(5) During the suspension of the proceedings before a court in the Republic of Croatia or the suspension of the enforcement no statute of limitations or deadlines for carrying out particular process activities shall apply.

Rome Statute

Article 29 Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.