CROATIA Law and Practice Contributed by: Lada Ćustić and Marko Paulinović, Buterin & Partners
7.7 Level of Intervention by a Judge In Croatia, judges play an active and managerial role – fully guiding the process in civil cases and interven- ing more directly in criminal trials. In civil proceedings, the judge leads the preparatory hearing by clarifying facts, identifying missing evidence, and promoting settlement, while ensuring that unrepresented parties receive proper information and guidance. During the main hearing, the judge manages the presentation of evidence and may issue on-the-spot rulings without full debate, such as default, acknowledgment, or with- drawal. Otherwise, decisions are reserved for written judgment, which must be delivered within 45 days of the final hearing. 7.8 General Timeframes for Proceedings The timeline for commercial disputes typically spans from several months to a few years, depending on the complexity of the case. Once a claim is filed, the first hearing is usually scheduled within two to three months, with service of documents taking anywhere from a few weeks to several months. After the ini- tial hearing, a court procedure can take between six and 24 months after filing, depending on the case’s complexity. A judgment is typically delivered within one to three months after the trial concludes. If either party appeals, the process can extend by another six to 18 months. In total, a straightforward commercial dispute may be resolved in 12 to 18 months, while more complex cases, including appeals, may take 24 months or longer. Parties in Croatia may conclude a settlement agree- ment at any stage of civil proceedings before a final judgment becomes legally binding, including dur- ing appellate proceedings until the second instance decision is rendered. The settlement may relate to the entire claim or only a portion of it, provided that it concerns rights and obligations that the parties are legally entitled to dispose of. A court settlement has the effect of a final and enforceable title. In the event of non-compliance, the successful party may initiate enforcement proceedings based on the settlement. 8. Settlement 8.1 Court Approval
While each party must present its proposed witness- es, documents, and other evidence before or during the preparatory hearing, in rare cases the court may admit additional evidence ex officio. The burden of proof lies with the party asserting a fact, and unre- solved doubts are decided against that party. Witnesses are obliged to testify truthfully, though cer- tain privileges apply. Experts are appointed when spe- cialised knowledge is needed, and their opinions are assessed under the same free-evaluation principle. In non-contentious proceedings, the court may admit all appropriate evidence, even against a party’s will. Overall, this regime balances party initiative with strong judicial control to ensure fairness and truth in fact-finding. 7.5 Expert Testimony Croatian court procedure fully admits expert evidence whenever factual issues arise that require technical or specialised knowledge beyond the judges’ own com- petence. Both parties and the court itself may initiate expert‐witness proceedings in civil, non-litigious and administrative cases. Expert testimony in Croatian tri- als is routinely used form of proof where both parties may propose and object to experts, whereas the court has the final choice and may appoint experts on its own initiative. Courts maintain registers of permanent experts, and typically select from these lists unless unavailable. 7.6 Extent to Which Hearings Are Open to the Public Court hearings are generally public, though access to recordings and transcripts is regulated. Civil and criminal hearings are open to all adult members of the public, subject to security restrictions, and may be closed only for legally defined reasons such as protecting minors, confidential information, national security, etc. In other words, the public may freely attend hearings in most cases, whereas recordings and transcripts remain part of the court file, acces- sible only to participants under controlled and limited conditions.
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