CROATIA Law and Practice Contributed by: Ivan Gržić, TUS & GRŽIĆ
Croatia co-operates through Eurojust, Europol and European Public Prosecutor’s Office (EPPO), particu - larly in cross-border economic and corruption cases, and has bilateral treaties for judicial co-operation. Extradition within the EU uses the EAW based on mutual recognition; for third countries, treaties and domestic law apply, with judicial control and respect for fundamental rights. The system emphasises mutu - al recognition, rapid information exchange and co- ordination between authorities, essential for complex cross-border financial crime. Specialised bodies/networks play a key role: • police – Europol, Interpol • judicial – Eurojust;financial intelligence –the Anti- Money Laundering Office (Financial Intelligence Unit – FIU), Egmont Group, EU FIU network; and • regulatory co-operation – the Croatian Financial Services Supervisory Agency ( Hrvatska agencija za nadzor financijskih usluga – HANFA) within EU supervisory frameworks. 1.6 Extradition and Prohibited Destinations Article 9 of the Constitution of the Republic of Croatia provides that a Croatian national may not be expelled, deprived of citizenship or extradited, except where required by an international treaty or EU law. In prac - tice, extradition of suspects in financial crime cases operates under a dual regime: • within the EU, the EAW applies pursuant to the Act on Judicial Cooperation in Criminal Matters with EU Member States; and • in relation to third countries, the Act on Interna - tional Legal Assistance in Criminal Matters, interna - tional treaties and the principle of reciprocity apply. Extradition of Croatian nationals to third countries is generally not permitted unless provided by treaty, in line with aut dedere aut judicare (extradite or pros - ecute domestically). Articles 35–37 of the Act on International Legal Assistance set strict grounds for refusal. Extradition will not be permitted if: • the person is a Croatian national (outside the EU);
• the offence was committed in Croatia or against its interests; • dual criminality is not met; • prosecution is time-barred; • a final domestic judgment exists or proceedings are pending; • the person’s identity is not established; or • there is insufficient evidence for reasonable suspi - cion. Extradition may also be refused where Croatia can prosecute or enforce the sentence. The principle of speciality applies: the requesting state may not pros - ecute for other offences or restrict rights beyond the extradition scope. Croatia does not maintain a formal prohibited list, but extradition may be refused where fundamental rights could be violated. Historically, Croatia did not extra - dite nationals, but the 2010 constitutional amendment allows it where international agreements or EU law provide. 2. Enforcement Architecture 2.1 Investigative and Enforcement Authorities The main authorities responsible for investigating and prosecuting financial crime in Croatia are the State Attorney’s Office ( Državno odvjetništvo Republike Hrvatske – DORH), including municipal and county offices, and the specialised Office for the Suppression of Corruption and Organised Crime ( Ured za suzbijanje korupcije i organiziranog kriminaliteta – USKOK). Since 1 June 2021, the EPPO has also operated in Croatia, handling offences affecting the EU’s financial interests. Investigations are conducted by the Ministry of the Interior, particularly through specialised police units such as the Police National Office for the Suppres - sion of Corruption and Organised Crime ( Policijski nacionalni ured za suzbijanje korupcije i organiziranog kriminaliteta – PNUSKOK), in close co-operation with USKOK. At early stages, the Tax Administration and the Anti-Money Laundering Office also play a role by
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