Search and seizure - national proceedings

Croatia

Croatia - Constitution 1990 (2013) EN

III. Protection of Human Rights and Fundamental Freedoms
2. Personal and Political Freedoms and Rights
Article 34
The home is inviolable.
Only a court may order the search of a home or other premises pursuant to a written warrant drafted and explained in compliance with law.
A tenant or his/her authorized representative shall be entitled to be present during the search of his/her home or other premises together with two mandatory witnesses.
Subject to the conditions specified by law, the police authorities may enter a home orother premises even without a warrant or consent from the tenant and conduct a search in the absence of witnesses insofar as this is essential to enforce an arrest warrant or apprehend an offender, or to prevent any grave threat to life or substantial property.
A search to locate or secure evidence, which is reasonably suspected to be in the home of a perpetrator of a criminal offence, may only be conducted in the presence of witnesses.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(h) The execution of searches and seizures;