CROATIA Law and Practice Contributed by: Ivan Gržić, TUS & GRŽIĆ
insufficient means and the case requires professional legal assistance. Criteria for granting defence are based on financial cir - cumstances and the complexity or seriousness of the case. The court assesses income, assets and overall circumstances. Although the state initially pays, the defendant may be required to reimburse costs if con - victed and financially able. If acquitted or proceed - ings are discontinued, costs are generally borne by the state. In conclusion, public funding of defence ensures the right to a fair trial but is conditional on financial cir - cumstances and the outcome of the proceedings. 4.4 Venue and Specialisation In the Republic of Croatia, financial, economic and corruption cases are heard by courts of general jurisdiction according to subject-matter and territo - rial rules; there are no separate “white-collar” courts. Specialisation exists mainly through specialised divi - sions and institutions rather than separate courts. USKOK plays a key role in prosecution, while inves - tigations are conducted by PNUSKOK, specialised police units. Since 2009, USKOK divisions have oper - ated within county courts in Zagreb, Split, Rijeka and Osijek, staffed by judges vetted and trained for com - plex corruption and organised crime cases, creating functional specialisation. Cases are generally assigned to experienced judges, so despite no formal separate court, there is de facto judicial specialisation. Recent legislative proposals aim to strengthen this by establishing special judicial divisions for corruption and organised crime at certain courts. Suspects cannot choose the court or type of pro - cedure; jurisdiction is determined by law based on offence seriousness and other criteria, and proceed - ings follow the CPA. Defendants may exercise proce - dural rights, such as seeking judge recusal, but cannot influence court assignment. In conclusion, Croatia does not have special courts for financial crime, but USKOK, PNUSKOK and USKOK
divisions provide institutional and personnel speciali - sation, with cases assigned to judges experienced in complex economic and corruption offences. 4.5 Trial by Jury In Croatia, criminal proceedings, including financial crime cases, are conducted without a jury in the Anglo-Saxon sense, but before professional judges and, in some cases, lay judges. There is no system where citizens independently decide on guilt. In more serious cases before county courts, panels consist of a professional judge and lay judges who decide jointly on guilt and sentence, while less serious cases are heard by a single judge. The same applies to financial crime cases, with no special jury regime. Defendants cannot choose to be tried by a jury or influ - ence the court’s composition, which is determined by law. They may only request recusal of a specific judge or lay judge. Lay judges are appointed for fixed terms by representative bodies and are not selected for indi - vidual cases, nor subject to procedures like voir dire. There are no reforms aimed at abolishing jury trials in financial crime cases, as such a system does not exist; discussions focus instead on judicial speciali - sation. In conclusion, financial crime cases are decided by professional judges, with possible lay participation, without a classic jury system, and without defend - ant influence over the court’s composition. In Croatia, criminal proceedings, including financial crime cas - es, are conducted without a jury in the Anglo-Saxon sense, but before professional judges and, in some cases, lay judges. There is no system where citizens independently decide on guilt. 5. Corporate Liability, Compliance and Defences 5.1 Corporate and Individual Liability In the Croatian legal system, both a legal person and a natural person can be prosecuted simultaneously, which is standard in financial and economic crime cases. Under the Act on the Liability of Legal Per -
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