CROATIA Law and Practice Contributed by: Ivan Gržić, TUS & GRŽIĆ
authority or neglecting duties for gain or to harm oth - ers, with aggravated cases punishable up to 12 years. Forgery, particularly of documents (Article 278), fre - quently facilitates fraud by creating the appearance of legality. While Croatian law does not recognise “con - spiracy” in the Anglo-Saxon sense, criminal associa - tion (Article 328) covers organised groups committing offences, including fraud, and the organised structure and common purpose act as aggravating factors. In conclusion, Croatian law distinguishes fraudulent conduct by method, perpetrator status and the type of legal interest infringed, but all involve intent to obtain unlawful pecuniary gain while causing damage through deception, abuse of trust, misuse of position or unlawful appropriation of entrusted property. 3.2 Bribery and Corruption In the public sector, the core bribery offences are receiving a bribe (Article 293 CC) and giving a bribe (Article 294 CC). Receiving a bribe is committed by an official or responsible person who requests or accepts a bribe, or the promise of one, to perform or omit an act, including lawful acts. Key elements are the perpetrator’s status, the bribe as quid pro quo and its link to the official act. Penalties range from one to ten years’ imprisonment. Giving a bribe is committed by any person offering, promising or giving a bribe to influence an official, with penalties up to several years’ imprisonment. The Criminal Code also criminalises trading in influ - ence (Article 295 CC) and giving a bribe for trading in influence (Article 296 CC), covering situations where a person uses actual or supposed influence over an official to mediate decision-making for a benefit. In the private sector, the offences of receiving a bribe in business operations (Article 252 CC) and giving a bribe in business operations (Article 253 CC) apply. Receiving a bribe occurs when a person requests or accepts a bribe to favour another in a transaction, causing damage to the represented entity; mere acceptance is punishable in a lesser form. Penalties range from six months to eight years. Giving a bribe in business operations requires a connection between the bribe and the business decision, with penalties
up to five years. Bribery in bankruptcy proceedings (Article 251 CC) is also punishable, with penalties up to eight years. The Croatian Criminal Code expressly covers foreign public officials, including members of the Croatian Parliament, local and regional councillors, European Parliament members, and representatives in foreign states or international organisations (Article 339 CC), implementing international anti-corruption standards. Croatian law does not contain a separate offence of “failure to prevent”, as in some Anglo-Saxon systems. Liability is based on active participation (receiving, giv - ing, mediating a bribe), while supervision or preven - tion failures may be sanctioned under other offences or through corporate liability statutes, but not as a standalone offence. 3.3 Money Laundering The Criminal Code of the Republic of Croatia regulates money laundering primarily through the offence under Article 265 CC, covering acts aimed at concealing the unlawful origin of property. The offence is commit - ted by any person who invests, takes over, converts, transfers or exchanges property known to be obtained through a criminal offence, with the aim of conceal - ing or misrepresenting its origin, or who conceals or misrepresents its nature, source, location, disposition or ownership. It also includes acquiring, possessing or using such property, and assisting the perpetra - tor of the predicate offence. Essential elements are property derived from a criminal offence, knowledge of its unlawful origin and acts to conceal or integrate it. Basic forms carry six months to five years’ imprison - ment; aggravated forms, especially involving large val - ue or criminal associations, carry one to eight years. Predicate offences are not limited to a closed list; any offence generating pecuniary gain may serve as a basis. Common examples include fraud (Article 236), embezzlement (Article 233), robbery, abuse of trust in business operations (Article 246), corruption (Articles 293–294), tax evasion and organised crime (Article 328). Conviction of the predicate offence is not required; it suffices that the property derives from a criminal offence.
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