CROATIA Law and Practice Contributed by: Ivan Gržić, TUS & GRŽIĆ
enter into a plea agreement. The discretion involved in such decision-making is normally regulated by the CPA, but is applied restrictively in serious economic crime and corruption cases. Pursuant to Article 17 (1) CPA/08, criminal proceed - ings commence: • when the decision opening the investigation becomes final; • upon confirmation of the indictment if no investiga - tion has been conducted; • when a hearing is scheduled on the basis of a pri - vate prosecution; or • upon the rendering of a judgment issuing a penal order (Article 541 (1)). Under Croatian law, criminal proceedings are initi - ated based on the principle of legality of prosecution (Article 2 CPA), meaning prosecution must start where there are grounds for suspicion that an offence pros - ecuted ex officio has occurred, and the State Attorney generally cannot choose not to prosecute. In practice, some procedural discretion exists, as the State Attorney assesses whether conditions are met for taking steps, particularly during preliminary inquir - ies, and decides whether to open an investigation or if the evidence is insufficient. This discretion is lim - ited by the principle of legality and supervised within DORH. Regarding legal persons, the Act on the Liability of Legal Persons allows the State Attorney to initiate proceedings where an offence was committed in the interest of, on behalf of or for the benefit of the legal person, in line with statutory requirements. Discretion exists for procedural direction, but there is no formal right to refrain from prosecution without legal grounds. The court has no discretion to initiate prosecution; it acts only after an indictment is filed, assessing wheth - er statutory requirements for confirmation are met, but not whether prosecution should occur. In conclusion, prosecution is initiated ex officio by DORH (or USKOK) under the CPA and the principle of legality. Professional assessment occurs during
preliminary inquiries and decisions under the Act on Legal Persons, but it is constrained by statutory rules and hierarchical supervision, not free discretion. 4.2 Due Process and Bail Proceedings for financial crime generally last longer than other criminal cases due to complex evidence, including numerous financial transactions, extensive documentation and expert examinations. An interna - tional element often requires mutual legal assistance, further prolonging proceedings. These cases also typ - ically involve multiple defendants and complex legal classifications. There is no single rule for securing the defendant’s presence. Pre-trial detention may be ordered where statutory grounds exist (eg, flight risk, interference, reoffending), but less severe measures such as bail, precautionary measures or residence restrictions are often used, especially where the defendant is avail - able. In practice, combinations of bail and precau - tionary measures are common, while detention is not automatic. CPA/08 sets strict time limits for detention (Articles 130–134). Detention is initially ordered for 30 days, with possible extensions. After indictment, courts must regularly review its justification, and the total duration depends on the offence and procedural stage. Statutory maximum periods before judgment apply, with possible extensions in complex cases, always subject to judicial review. For detained defendants, the principle of urgency applies, requiring faster court action and shorter intervals between hearings. 4.3 Public or State Funding In the Republic of Croatia, public funding of defence is available under general rules of the Criminal Code and the CPA, not linked specifically to the type of offence. A defendant has the right to court-appointed coun - sel in cases of mandatory defence, such as pre-trial detention, serious criminal charges or where the inter - ests of justice require it. The state initially bears the costs. Outside mandatory defence, counsel may be appointed at state expense if the defendant proves
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