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General Information |
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| GDP | USD56.442bn (World ranking 73, World Bank 2012) |
| Population | 4.27 million (World ranking 125, World Bank 2012) |
| Form of state | Parliamentary Democracy |
| Head of government | Zoran MILANOVIC |
| Next elections | 2014, presidential |
STATEMENT OF THE CROATIAN DATA PROTECTION AGENCY WITH REGARD TO THE LETTER TO EC IN BRUSSELS
Croatian DPA, (in further text: DPA) faced with a media lynch that followed after the Conflict of the Interest Board in Croatia removed from its website the property cards of the government officials, has tried, using reasonable and legal arguments – to send a message to the general public about a completely false presentation of its decision and has also denied unfounded and unverified facts imputed to the DPA, primarily emphasized the fact that DPA has never ordered the removal of the property cards nor it has ever ordered the removal of the legally publicized data of the government officials.
Due to a completely one-sided presentation of the situation published in the media, DPA sent the factual and legal arguments to the Government, to the Parliament and to the Croatian representatives in the EU Parliament. The DPA has also adressed to the media presenting the real facts (backed by firm evidence) some of which published a statement of the DPA.
On 14 May 2015, DPA in a press release to Nova TV, among other things pointed to inconsistencies with regard to the publication of the personal data of the government officials on the Internet in a way that many property cards were not filled with the relevant data which fact is completely ignored, while on the other hand to the data which are published on-line contrary to the national and EU legislation is imputed conspiracy and instead the relevant courts decides about the matter, a legal issue turned into a political issue. By certain incomprehensible moves for which the DPA is not responsible, all public anger and unbearable pressure of the media is directed to the DPA and its management.
Since on the one hand the DPA is imputed responsibility for the removal of the property cards and since other false allegation were made to harm the reputation of the DPA (such as – the DPA is trying to hide the data etc.), and since the media and politicians discuss and judge the decision of the DPA, instead of the relevant court, which caused a huge damage to an independent authority, which now existed for more than 10 years protecting the constitutionally guaranteed right to privacy, thus jeopardizing the independence of the institution in general, the DPA addressed to the European Commission in Brussels.
Croatian DPA (in further text: DPA) based its decision on the provisions of the Act on Prevention of the Conflict of Interest, Article 8, where it is clearly stated which personal data of the government officials are public and can be published without the consent of the government officials. (Art. 8 para. 10) Croatian DPA did not prohibit the collection of data, nor imposed any hiding of personal data, but it has only ordered the removal from the Internet of the data which are not prescribed to be published on line by the Act on Prevention of the Conflict of Interest, hereinafter, (COI Act) and therefore the said publication do not comply with EU law (Directive 95/46 of the EU Parliament and the Council). In this regard, DPA also indicated to the provision of Art. 145 of the Constitution of the Republic of Croatia which states – “the exercise of rights arising from the acquis communautaire is equated with the exercise of rights guaranteed by the Croatian legal system.“
Decision of DPA is not based only on the national legislation (COI Act, The Right to Access to Information Act, The Personal Data Protection Act), but is also in compliance with EU laws, respecting the practice of the ECJ, which interpretations of some specific cases are in favour of DPA’s decision.
DPA indicated to the relevant judgments of the ECJ of 9 November 2010, Volker und Markus Schecke GbR (C-92/09), Hartmut Eifert (C-93/09) and of 20 May 2003, Österreichischer Rundfunk and Others (C-465/00, C-138/01 e C-139/01), according to which “While it is true that in a democratic society taxpayers have a right to be kept informed of the use of public funds (Österreichischer Rundfunk and Others, paragraph 85), the fact remains that striking a proper balance between the various interests involved made it necessary for the institutions, before adopting the provisions whose validity is contested, to ascertain whether publication via a single freely consultable website in each Member State of data by name relating to all the beneficiaries concerned and the precise amounts received by each of them […]did not go beyond what was necessary for achieving the legitimate aims pursued, having regard in particular to the interference with the rights guaranteed by Articles 7 and 8 of the Charter resulting from such publication”. (see also opinion of Italian DPA, Garante).
DPA therefore, in its decision fully complied with all relevant laws, National and European legislation, taking into account the functionality of personal data, scope, legality, transparency and proportionality in relation to the purpose, which principles were considered and judgements were brought by the ECJ.
In addition Croatian DPA also indicated to the opinions of independent data protection authorities, representatives of the Article 29 Working party, which opinions are in line with DPA arguments. DPA pointed out that the analogous situation with regard to the publication of personal data of the government officials had DPA from Bosnia and Herzegovina, but in BiH the relevant courts dealt with the said matter.
Given the fact that DPA has issued the decision in accordance with relevant laws, DPA is ready to defend it before the relevant institutions and the courts in the Republic of Croatia and in the EU.
Down below is a brief resume of legal and factual arguments of DPA elaborated also in its decision:
COI Act in its Article 8 provides the publication on line of the assets of a spouse or a partner of the official, so it is lawful to publish the assets of these persons (if the property exists) instead to publish i.e. the status of a government official (when there is no assets to report) – i.e. single, widower, divorced, informal cohabitation etc. Croatian DPA don’t see the relevance of this data to be accessible not only on the website of the Conflict of Interest Board but also via search engines such as Google, so this data (personal status of some official is accessible to global public). To conclude (marital status of the official) is not prescribed by the COI Act, and neither is functional because it does not answer the question whether the official is in a conflict of interest.
COI Act in its Article 8 provides the publication on line of the assets of minor children, pursuant to which it is legitimate to publish information on the assets of minor children (when the property exists) but mere publication of the number of children or the fact of no children –(accessible to global public) do not answer the question of whether there is a conflict of interest, and this data is not prescribed to be published on line by the COI Act.
Croatian DPA asked the Conflict of Interest Board to explain why the statistics on the number of children or the fact of no children is published on line and (in lack of a legal ground), what is the purpose of this on line publication. The Conflict of Interest Board responded that the number of children or the fact of no children answered the question whether, for example, an official had employed his/her son or daughter – or had entered into a business relationship with a legal entity whose owner was his/her son or daughter.
Based on these facts (the number of the children / no children) it is not possible to determine whether the official actually hired his/her child in the body in which for example holds the position. It would certainly be a conflict of interest, but to get the answer to this question, the Conflict of Interest Board would have to know the exact facts: (name and surname of the child of the official, the employer of the child of the official and other relevant data which can connect the child with the official in order to determine the conflict of interest)
Article 8 COI Act provides the publication on line of the activity the officials performed prior to assuming their office, but the law does not prescribe the publication on line of the net salary of the official at the previous employer only when the official was not official, but for example – a private person, maybe even common employee instead of the head of some unit and/or manager.
The official might have worked as a private person in domestic or foreign company where the salary is a secret data. Croatian DPA does not prohibit the Conflict of Interest Board to collect these data, as well as any other data which are necessary to detect possible conflicts of interest, but Article 8. of the COI Act do not prescribe the public disclosure ot the net salary at the previous employer. The Conflict of Interest Board did not provide Croatian DPA with the legal ground / and / or purpose for the publication of this data.
Croatian DPA refers to the consistent opinions which Croatian DPA has already issued with regard to the availability of the salary of the officials and which opinions are completely in line with the opinion gained by the Information Commissioner. Croatian DPA point out once again the important distinction between the data available to the Conflict of Interest Board, the data / information which may be obtained by the Right to Access to Information Act and the data which may be published on line.
In fact, every person has the right under the Right to Access to Information Act to request any information held by public authorities and in accordance with this Act it is possible to get i.e. even the data about salary at the previous employer of the official if there is a legal ground and legitimate purpose to get that information. However, the publication on line of the net salaries at the previous employer of the official without any criteria, without any legal ground or legitimate purpose represents the violation of several laws.
COI Act prescribes that data on acquired assets includes debts, assumed guarantees and other liabilities, so this data in accordance with the Article 8 of the said Act may be published on line. COI Act is rather general in this part and does not prescribes clearly – whether this provision refers to the debts (loans) realised for example before assuming the office or to the debts realised after assuming the office. It is also not stipulated which details of the loan should be published on line. Croatian DPA asked the Conflict of Interest Board about legal ground and purpose of the on line publication of a loan the official realised as a private person, and long before the official became a public figure or had managerial or public responsibilities, having in mind that detailed publication of these loans of the private persons (name of the institution, repayment and all other details) may represent the bank secret or may be a subject to certain abuses. If the information about the loan before assuming the office is the information of a public interst, this information is available in accordance with the Right to Access to Information Act, and this data may be also available to the Conflict of Interest Board (which is in accordance with the proportionality principle- see the practice of the Court of the EU).
To conclude, Croatian DPA has never disputed the collection of all relevant data about the officials by the Conflict of Interest Board in order to detect possible conflict of interest, but DPA only indicates to mentioned irregularities, disproportionalities and inconsistencies with regard to the published personal data.
(Entered into force on 1 January 2002)
Part IX. Selection unacceptable tenders
Article 60
(1) A tender shall be deemed unacceptable if:
……
14. corruption or fraud are involved,
Fraud and Corruption
Article 68
The client shall reject any tender, revoke any decision on selection, or renounce the conclusion of any contract if it establishes that the tenderer has attempted to influence or give, or has given or agreed to give, either directly or indirectly, a reward or favour of any kind whatsoever, or any such other valuable to any officer or employee of the client in connection with the tendering procedure, decision or implementation of the procurement procedure, or has concealed or misrepresented any information.
(Entered into force on 19 October 2001)
Basic Provisions
Article 1
This Law specifies:organisation, jurisdiction and competence of the Office for the Prevention of Corruption and Organised Crime (hereinafter: Office), jurisdiction and competence of courts and criminal offence procedures specified herein, appointment of the Head of the Office (hereinafter Head) and Deputy Head, assignment of public prosecutors and their deputies, conditions for employment of officers and employees, and provision of funds for the work of the Office, securing seizure of means, proceeds or assets resulting from criminal offence, cooperation of the government bodies and other bodies and persons with the Office, international cooperation in criminal prosecution and investigation of criminal offences under the Office’s jurisdiction.
Article 2
The Office is a special Public Prosecutor’s Office established for the territory of the Republic of Croatia with a seat in Zagreb.
Unless otherwise specified herein, the provisions of the Law on the Public Prosecutor’s Office shall apply to the organisation and activity of the Office.
The Office has a stamp bearing the name of the Office and the coat of arms of the Republic of Croatia. The name of the Office, the coat of arms and the flag of the Republic of Croatia shall be displayed at the building in which the Office is located.
Organisation, jurisdiction and powers of the office, appointment of head and deputy heads organisation of the office
Article 3
The Office is run by the Head. The Deputy Chief Public Prosecutor of the Republic of Croatia (hereinafter: Chief Public Prosecutor), or a County Public Prosecutor or his or her Deputy, may be appointed Head, if they meet the requirements for the appointment as the Deputy Chief Public Prosecutor.
The Head is appointed by the Chief Public Prosecutor, with a previously obtained opinion of the Minister of Justice, and the opinion of the panel of national Public Prosecutor’s Office of the Republic of Croatia.
The Minister of Justice shall issue his opinion from para 2 above within 30 days from the date of receipt of request.
The procedure for the appointment of the Head shall be initiated by the Chief Public Prosecutor four months prior to the expiration of the period for which the Head was appointed.
In addition to the request for opinion, the Chief Public Prosecutor shall forward to the Minister of Justice a written consent of the candidate.
The consent of the candidate shall contain the statement of acceptance of security checks pursuant to special regulations and a statement of property he or she owns or with which he or she disposes.
The data from para 6 above are classified. These data may only be used in the procedure for the appointment of the Head.
Security checks and checks of the property status of the Head, based on the request of the Chief Public Prosecutor, may be performed without the Head’s knowledge anytime during the period for which he was appointed, and one year after he or she ceased to perform the duty of the Head.
Article 4
The Head shall be appointed for a period of four years. After the expiration of this period, the Head may be reelected.
The Head shall be relieved of duty in the cases that apply to the relief of duty of a public prosecutor prescribed by the Law on the Public Prosecutor’s Office (Official Gazette No. 51/01).
(3) Besides the cases from para 2 above the Head shall be relieved of duty:
if he or she does not agree to security checks or impedes their implementation, or
if he or she does not provide, in due time, data on his or her property status.
(4) In cases from para 2 above, unless they refer to the relief of duty for disciplinary reasons, and para 3 above, the Head shall remain Deputy Chief Public Prosecutor, or County Public Prosecutor, but he or she may not work at the Office.
The Head shall have the rights and duties of a Public Prosecutor.
Article 5
The Public Prosecutor’s Office duties at the Office shall be performed by the Head and Deputy Heads. The number of Deputy Heads of the Office shall be determined by the Minister of Justice at the proposal of the Chief Public Prosecutor.
The Deputy Head is authorised, when he or she acts as the Head, to conduct all actions in the proceedings before a court or other government body, for which the Head is authorised pursuant to law, according to the schedule of duties and under instructions by the Head.
Article 6
With the previous approval of the Minister of Justice, the Head shall issue the systematisation of civil servant and employee posts.
The Minister of Justice shall issue the Internal Rules of the Office.
Article 7
The Public Prosecutor or Deputy Public Prosecutor who, after passing the judicial exam worked at least eight years as a judge, public prosecutor, deputy public prosecutor, lawyer, or a police officer combating crime, and who has pronounced inclination toward and capabilities for investigating the most serious and complicated criminal offences, may be assigned as the Deputy Head of the Office.
The Deputy Head shall be assigned in the way, under the conditions and according to the procedure in which his or her expertise, independence and capability for performing public prosecution duties of the Office are best employed.
The expertise and capability to perform public prosecution duties working for the Office shall be determined on the basis of opinion on the performance of the candidate issued by a public prosecutor, the evaluation of his work in complex cases, his performance in the preliminary proceedings and the criminal proceedings, and on the basis of the evaluation of his performance as public prosecutor.
Article 8
A Deputy Head vacancy shall be announced in the way that it shall be made accessible to public prosecutors and their deputies. Candidates may apply within thirty days from the date of announcement.
The Deputy Head is assigned to the Office by the Chief Public Prosecutor, at the proposal of the Head, from among the public prosecutors and deputy public prosecutors, for a period of four years. After the expiration of this period, the Deputy Head may be reassigned to the Office. In his or her decision on the assignment, the Chief Public Prosecutor shall take into consideration the information from Article 7, para 3 hereof, and notably the data on the candidate’s performance as a public prosecutor.
If the Head is not reappointed or the Deputy Head is not reassigned to the Office, he or she shall continue to work as Deputy Public Prosecutor at the Public Prosecutor’s Office where he or she worked prior to his or her appointment to the Office.
The provisions of Article 3, para 4 through 8 hereof shall apply to the assignment procedure of the Deputy Head.
Article 9
The provisions of the Law on Public Prosecutor’s Office shall apply to relieving of duty of Deputy Heads. The mandate of the Deputy Head at the Office shall also cease for reasons specified in Article 4, para 3 hereof.
The Head, with the approval of the Minister of Justice, and the Deputy Head with the approval of the Head, may cease working for the Office at his or her own request.
The decision on the termination of the office of the Head or Deputy Head for the reason stated in para 2 above shall be made by the Chief Public Prosecutor.
The Head or the Deputy Head who stops working in the Office under the conditions from para 3 above shall continue to work as the Deputy Head of the Public Prosecutor’s Office where or she worked before the appointment or assignment to the Office.
Article 10
Exceptionally, for particularly important reasons, the Chief Public Prosecutor may, at the proposal of the Head, refer a Public Prosecutor or a Deputy Public Prosecutor to work for the Office on a particular case or for a limited period of time.
The provisions of Article 3 para 5 through 8 hereof shall apply accordingly to the procedure of referring to work for the Office.
Referring to work in cases from para 1 above shall not exceed one year.
Article 11
The Office shall employ senior counsellors, counsellors and investigative assistants appointed pursuant to the provisions of the Law on Public Prosecutor’s Office.
The provisions of Article 3, para 6 through 8 hereof and the provisions of the Law on the Public Prosecutor’s Offices shall apply accordingly to the procedure of the appointment of senior counsellors and counsellors.
Investigative assistants shall assist the Head or the Deputy Head in cases in which expert knowledge is required, and may perform their work independently, when this is specified by law or other regulation.
The provisions of Article 3, para 6, 7 and 8 hereof and the Law on Civil Servants and Employees (Official Gazette No. 27/01) shall apply to the procedure of admission and assignment to work and the termination of work of investigative assistants, unless specified otherwise herein.
Senior counsellors, counsellors and investigative assistants shall be admitted and assigned to work by the Head.
Article 12
The Office shall include:
Investigation and Documentation Department,
Anticorruption and PR Department,
Department of Public Prosecutors acting as Prosecutors before court (hereinafter: Prosecutor’s Department),
Secretariat
Supporting Services.
Article 13
Investigation and Documentation Department shall:
systematically collect data on corruption and organised crime,organise and run a data basis which may serve as a source of information in the criminal proceedings from Article 21 hereof,encourage and direct the cooperation between the government bodies with a view to discovering corruption and organised crime,perform other duties according to the annual schedule of duties.
Records shall be kept pursuant to the regulations on the protection of the confidentiality of data, as specified by special rules issued by the Minister of Justice.
The duties of the Investigation and Documentation Department shall be carried out by counsellors and investigative assistants under the surveillance of the Deputy Head who shall be responsible for the Office management, according to the annual schedule of duties.
Article 14
The Anticorruption and PR Department shall:
inform the public of the danger of and damage by corruption, and the methods and means to prevent itdirect, together with other competent bodies and institutions, activity from the Action Plan of the National Anticorruption Programme,prepare reports and analysis on the form and causes of corruption in public and private sectors on the basis of which it shall propose amendments to laws and by-laws and give expert advice to competent bodies for the implementation of these regulations,organise and direct the implementation of permanent professional education of criminal justice officers and other civil servants, as well as of employees of schools and other educational institutions, on the danger of corruption and the importance of its prevention,perform other duties according to the annual schedule of duties.
Duties of the Anticorruption and PR Department shall be performed by counsellors and investigative assistants under the surveillance of the Deputy Head assigned to run the Department according to the annual schedule.
Article 15
The Prosecutor’s Department shall carry out duties of public prosecutor pursuant to the Criminal Procedure Act and other regulations, and notably direct the work of the police authorities and other bodies in discovering criminal offences from Article 21 hereof and request the gathering of information on these offences cooperate, in accordance with international agreement, with competent bodies of other states and international organisations,propose the implementation of security measures of compulsory seizure of funds, revenues and property acquired through criminal offence as specified herein and in other regulations,perform other duties according to the schedule of duties.
If required by the workload, Sections within the Prosecutor’s Department may be established for actions before county courts in Osijek, Rijeka and Split.
The duties of the Prosecutor’s Department shall be performed by deputy heads, counsellors and investigative assistants under the surveillance of the deputy assigned to run the Department according to the annual schedule of duties.
Article 16
The Secretariat shall perform the duties of personnel management and other duties according to the annual schedule of duties.
Article 17
The Chief of Police, shall issue a decision with previous written consent of the Head, to transfer to the Office at least two independent police inspectors, or higher police officers, pursuant to the provisions of the Law on Civil Servants and Employees.
(2) The police officers from para 1 above shall:
cooperate in forwarding the Office’s requests and assist in their;
propose the necessary measures and actions for discovering criminal offenders, and for finding and securing evidence;
harmonise the work of the police to whom the Office forwarded request for investigating criminal offences.
The Chief of Police at the Ministry of the Interior shall organise an expert team for executing the requests of the Office, and decide on the technical means to be used to this effect.
Article 18
(1)The regulations applicable to civil servants and employees at the Public Prosecutor’s Office shall apply to the rights and duties from and related to the work of civil servants and employees of the Office.
The provisions of Article 3 para 6 through 8 hereof shall apply accordingly to civil servants and employees.
Article 19
Security of the premises of the Office, its facilities, and of the actions taken by the Office, shall be maintained through physical and technical protection of judicial police officers assigned to work at the Office.
Physical protection means immediate guarding and protecting of persons and property through direct security measures and physical force.
Technical protection of persons and property includes technical means and devices whose type, purpose and quality is determined by the Minister.
Article 20
(1) Judicial police officers are transferred to work to the Office by the Minister of Justice, with previous written agreement of the Head. Before the assignment to work at the Office, provisions of Article 3, para 6 through 8 hereof shall apply accordingly.
(2) During their work at the Office, judicial police officers shall act according to the instructions of the Head and may not, without his previous approval, perform other duties.
Competence of the Office
Article 21
The Office performs duties of the Public Prosecutor’s Office related to the following criminal offences:
misuse in bankruptcy proceedings from Article 283, paras 2 and 3 of the Criminal Code (Official Gazette No. 110/97, 27/98, 50/00, 129/00 and 51/01 – hereinafter Criminal Code), unfair competition in foreign trade operations from Article 289, para 2 of the Criminal Code, misuse in performing government duties from Article 338 of the Criminal Code, illegal intercession from Article 343 from the Criminal Code, accepting bribe from Article 347 of the Criminal Code and offering bribe from Article 348 of the Criminal Code);
association for the purpose of committing criminal offences from Article 333 of the Criminal Code, including all criminal offences committed by the group or criminal organisation, except for the criminal offences against the Republic of Croatia and the Armed Forces;
offences for which prison sentence in excess of three years is provided, and the offence has been committed in two or more states or a significant part of its preparation, planning, instruction or control has been performed in another state, or if the offence has been committed in connection with the activity of a criminal organisation active in two or more states.
The Office is competent for the criminal offences of money laundering from Article 279, paras 1 and 2 of the Criminal Code, obstruction of evidence from Article 304, paras 1 and 2 of the Criminal Code, duress against officials engaged in the administration of justice from Article 309 of the Criminal Code, obstructing an official in the performance of duty from Article 317 of the Criminal Code, and attacking an official from Article 318 of the Criminal Code, if such offences have been committed in connection with the perpetration of criminal offences from para 1 above.
Jurisdicion and competence of courts and criminal proceedings provided hereunder
Article 22
In the criminal proceedings from Article 21 hereof, the Criminal Procedure Act shall be applied (Official Gazette No: 110/97, 27/98, 58/99 and 112/99) as well as other general criminal proceedings regulations, unless provided otherwise hereunder.
Article 23
(1) The bodies that participate in the criminal proceedings from Article 21 hereof shall proceed expediently, but in the way that does not affect their capability to investigate, with equal attention, the facts to benefit or prejudice of the accused.
Information on preliminary investigation in cases from Article 21 hereof shall not be published without the approval of the Head. Non-authorised publication shall constitute a criminal offence of disclosing official secret from Article 351 from the Criminal Code.
(3) The course of investigation in the cases from Article 21 hereof shall not be published without the approval of the court.
Article 24
The County Courts in Osijek, Rijeka, Split and Zagreb have subject-matter and territorial jurisdiction in criminal cases from Article 21 hereof.
The County Court in Osijek shall have jurisdiction over the territories of the County Courts in Požega, Slavonski Brod, Virovitica and Vukovar. The County Court in Rijeka shall have jurisdiction over the territories of the County Courts in Gospić and Pula. The County Court in Split shall have jurisdiction over the territories of the County Courts in Dubrovnik, Šibenik and Split. The County Court in Zagreb shall have jurisdiction over the territories of the County Courts in Bjelovar, Čakovec, Koprivnica, Karlovac, Sisak, Varaždin and Zlatar.
A Court from para 1 above shall be competent to try the cases of participation in criminal offences from Article 21 hereof, as well as in the case of concurrence with other criminal offence.
Article 25
In Remand Centres of the County Courts in Osijek, Rijeka, Split and Zagreb, special Investigation Departments shall be established to investigate the criminal offences from Article 21 hereof. The Departments shall be composed of investigating judges with the experience and pronounced capabilities for investigating most severe and complex forms of criminal offences, and graduate criminal assistants (Article 192, para 4 of the Criminal Procedure Act).
Investigating judges shall be assigned for a period of four years by the President of the Court with the opinion of the panel of judges; a graduate criminal assistant shall be assigned at the proposal of the Head of the Investigation Department.
In the procedure of assignation to work and termination of work of investigating judges and graduate criminal assistants, provisions of Article 3, paras 6 through 8 hereof shall apply accordingly.
Article 26
At substantiated proposal of a County Court from Article 24, para 1 hereof, the Supreme Court of the Republic of Croatia may decide that the trial be held before another court with subject-matter and territorial jurisdiction from Article 24, para 1 hereof, if it is obvious that this will facilitate the proceedings or for other important reasons.
Article 27
The panels of the County Court that tries the cases from Article 21 hereof shall be composed of three judges.
Judges shall be assigned to the panels by the president of the County Court for a period of four years, with the previous opinion of the Panel of Judges appointed from among the judges experienced in working on complicated cases of economic and organised crime.
Article 28
The custody for arrested persons from Article 98 of the Criminal Procedure Act shall be extended to 48 hours.
The total duration of custody from the above proceedings, in case of prolonged investigation (Article 204, para 1 of the Criminal Procedure Act) may be twelve months.
If the custody during investigation is prolonged pursuant to para 2 above, the total duration of custody from Article 109 of the Criminal Procedure Act shall be prolonged by six months.
Article 29
Chief Public Prosecutor may request from the court from Article 24, para 1 hereof, to issue a decision to examine as witness the person who became a member of criminal organisation and:
who has been reported or against whom criminal proceedings from Article 21 hereof have been initiated for an offence committed within a criminal organisation, and if circumstances are provided on the basis of which, according to the Criminal Code, the member of criminal organisation may be exempted from sentence, or extenuating circumstances are provided on the basis of which the sentence may be lenient.
if the statement of such person is proportional to the severity of the criminal offence committed and the relevance of the statement of such person to disclosure and proof of the criminal offences committed within a criminal organisation, or their perpetrators, or for disclosure and prevention of criminal offences of the criminal organisation.
The Public Prosecutor may file the request from para 1 at the substantiated proposal of the Head until the setting of the date for the hearing in the criminal proceeding against the members of a criminal organisation from para 1 above.
Article 30
Prior to filing a request, the Head shall warn the person from Article 29 above pursuant to the provision of Article 238, para 2 of the Criminal Procedure Act.
(2) After the person from Article 29, para 1 hereof has stated that, with regard to the criminal offences from Article 29, para 1 hereof, he or she shall answer as a witness to the questions although it is probable that he or she may expose himself or herself or a close person to a great shame, substantial property loss or criminal prosecution, the Head shall obtain a written statement by which such person shall undertake to:
speak the truth, as a witness in criminal proceedings, and not to withhold any information known to him or her about the criminal offence or its perpetrator from Article 29, para hereof, speak the truth, as a witness in criminal proceedings, and not to withhold any information known to him or her about other criminal offence and its perpetrator from Article 29 para 1 hereof speak the truth, as a witness in criminal proceedings, and not to withhold any information known to him or her about the property or any other benefit or proceeds, objects, acquired real estate or other circumstances related to criminal offences from Article 29, para 1 hereof to state that he or she is not familiar with any other circumstances from subpara 1 through 3, para 2 of this Article, apart from those he or she is to state as witness.
The warning and statement from paras 1 and 2 of this Article shall be entered into the Minutes attached to the proposition of the Head from Article 29, para 2 hereof.
Article 31
The offender to whom circumstances from Article 29, para 1 hereof apply, may not be examined as witness if such offender:
has committed one or more murders from Article 90 of the Criminal Code, aggravated murder from Article 91 of the Criminal Code, an act of international terrorism from Article 169, para 2 of the Criminal Code, endangering the safety of internationally protected persons from Article 170, para 2 of the Criminal Code, taking hostages from Article 1717, para 2 of the Criminal Code, hijacking an aircraft or a ship from Article 179, para 2 of the Criminal Code, piracy at sea and in the air from Article 180, para 2 of the Criminal Code, rape from Article 188, paras 2, 3 and 4 of the Criminal Code, sexual intercourse with a helpless person from Article 189, paras 2, 3 and 4 of the Criminal Code and sexual intercourse with a child from Article 192 of the Criminal Code is organiser of criminal organisation instigated commission of a crime from Article 21 hereof with the purpose of having the criminal procedures instigated against that person for that offence committed.
Article 32
Chief Public Prosecutor shall submit to the court from Article 24, para 1 hereof the request for issuing a decision on examining a person from Article 29 para 1 hereof.
The panel of the competent court from Article 20, para 2 of the Criminal Procedure Act shall decide on the request of the Chief Public Prosecutor within eight days.
The panel shall decide on the request on the basis of documents and other written evidence. If necessary, it shall invite to its session the Chief Public Prosecutor, and the person from Article 29, para 1 hereof, and its attorney, if any. The Chief Public Prosecutor may authorise the Head to participate in the session. The session is held in camera.
The panel may make its decision conditional upon the possibility that the Republic of Croatia compensates the persons to whom the person from Article 29, para 1 hereof caused damage with his or her criminal offences as a member of criminal organisation.
Article 33
(1) The Panel shall reject the request of the Chief Public Prosecutor mentioned in Article 29 para 1 hereof, if:
1. it has been submitted after setting the date for the main hearing (Article 29 para 2),
2. the statement of the witness mentioned in Article 29 para 1 hereof is not in the interest of discovering and prosecuting other members of the criminal organisation.
The Panel may reject the request of the Chief Public Prosecutor if it is not probable that the witness mentioned in Article 29 para 1hereof will make a full circumstantial statement in the criminal proceedings, or if it is probable that the witness will deny the information important for discovering or preventing other criminal offences and members of the criminal organisation or for the shedding light on the circumstances under which they were committed.
(3) The Chief Public Prosecutor may appeal against the decision of the Panel within 49 hours. The Supreme Court of the Republic of Croatia shall decide on the appeal within 3 days.
Article 34
In a decision accepting the request of the Chief Public Prosecutor, the Panel shall:
allow that the person indicated in the request be interrogated as witness in the criminal proceedings (crown witness).
Order that the minutes and official notes of such person related to his or her earlier statements made as a suspect or accused , if any, be separated from the court records. Such statements, as well as other evidence they led to, cannot be used as evidence in the criminal proceedings.
Article 35
With a decision accepting the request of the Chief Public Prosecutor, the Panel shall decided on the exclusion of the public from the part of the main hearing in the criminal proceedings against the members of criminal organisation when the crown witness is being interrogated.
Article 36
The crown witness who made a statement in accordance with the obligations mentioned in Article 30, paras 1 and 2, hereof, cannot be prosecuted for the criminal offence mentioned in Article 21 para 1 subparas 2 and 3, and para 2, hereof.
The crown witness shall be held responsible for perjury provided in Article 303 of the Criminal Code.
If the Chief Public Prosecutor has not already dropped the charges against the crown witness, the Chief Public Prosecutor shall declare the waiver of the prosecution by the final completion of the criminal proceedings against the members of criminal organisation.
Article 37
The provisions of Article 36 hereof shall not be applied and the Public Prosecutor shall resume the prosecution or initiate the criminal proceedings if:
the crown witness has not stated all the facts and circumstances referred to in Article 30 para 2 hereof, or if the witness made a false statement, prior to the completion of the criminal proceedings the crown witness committed a new criminal offence mentioned in Article 21 and Article 31 hereof, the crown witness within two years from the decision mentioned in Article 34 hereof becomes a member of the criminal organisation and within it commits the criminal offence mentioned in Article 21 hereof.
Article 38
(1) In regard of the interrogation of the crown witness, the provisions of the Criminal Procedure Act shall apply, except Article 236 of the Act for the criminal offences referred to in Article 29 para 1 hereof.
(2) The measures for the protection of the crown witness and persons close to him outside of the criminal proceedings shall be conducted pursuant to special regulations.
Article 39
For the purpose of gathering the necessary information on the criminal offences from within their jurisdiction (Article 21 hereof), the Office may summon citizens and take their statements, and request the investigation into criminal offences as provided by the Criminal procedure Act. The statements of the suspects gathered by the Head in the manner provided in Article 177 paras 4 and 5 of the Criminal Procedure Act may be used as evidence in the criminal proceedings. The Office may not investigate simultaneously with the investigation that is already underway with regard to a particular individual.
The Office may specifically:
1. request the Ministry of Finance to check the business operation of a legal entity and natural person and to temporarily seize, until the verdict is reached, money, securities, items and documents that can serve as evidence, tax inspection and supply of information that may serve as evidence of the criminal offence committed or assets gained as a result of criminal offence, inspection, and request information on the information gathered, processed and stored concerning unusual and suspicious financial transactions.
2. propose interrogation of witnesses under implementation of the witness protection provisions of the Criminal Procedure Act.
In the request referred to in para 2 subpara 1 above, the Office may specify the content of the measure or action required and provide that the authorities should report to it promptly on the action or measure undertaken. If the Office requests to be present at the implementation of such action or measure, the authorities referred to in para 2 shall implement the action of measure so as to enable such presence.
The failure to act on the request or longer non-compliance with the Office’s request shall constitute aggravated violation of the official or working duty.
Article 40
If the police authorities initiate ex officio investigation into criminal offences mentioned in Article 21 hereof, they shall promptly inform the Office about it, and the Office may act pursuant to the provision of Article 39 paras 1 and 3. If after the investigation the Office returns the criminal charge to the police for supplement, the Office shall indicate the measures and actions to be undertaken by the police authorities in this sense, and within what time. A failure to comply with the requested measure and exceeding the set deadline shall be particularly substantiated by the police authorities.
Article 41
(1) At the request of the Head, or ex officio, the investigative judge may, besides the measures referred to in Article 180 para 1 of the Criminal Procedure Act against the person for whom there is ground for suspicion that he/she alone or with others plans criminal offences referred to in Article
1. Criminal Code: The Official Gazette of the Republic of Croatia “Narodne novine”(hereinafter: NN) No. 110 of October 21, 1997 (entered into force on January 1, 1998).
2. Corrections to the Criminal Code: NN 27/98 of February 27, 1998.
3. Amendments and Supplements to the Criminal Code: NN 129/2000 of December 22, 2000.
4. Amendments to the Criminal Code: NN 51/2001 of June 6, 2001.
5. Amendments and Supplements to the Criminal Code: NN 111/2003 of July 15,2003.
Article 294b Receiving a bribe in Economic or Other Transactions
(1) A responsible person who demands or receives a gift or any other gain, or who accepts the promise of a gift or any other gain and who in return makes a deal or renders services that are advantageous for another but detrimental for the party he or she represents shall be punished by imprisonment for one to eight years.
(2) A responsible person who demands or receives a gift or any other gain or who accepts the promise of a gift or any other gain as a counter favor for making a deal or rendering services shall
be punished by imprisonment for six months to five years.
(3) The gift or other pecuniary gain that has been received shall be forfeited.
Article 294c Offering a Bribe in Economic or Other Transactions
(1) Whoever gives or promises a gift or any other gain to a responsible person so that that person makes a deal or renders services to the advantage of another but causing damage to the party he or she represents, or whoever mediates in the bribery or a responsible person shall be punished by imprisonment for six months to five years.
(2) Whoever gives a gift or promises a gift or any other gain to a responsible person as a counter favor for making a deal or rendering services, or who mediates in the bribery of a responsible person shall be punished by imprisonment for three months to three years.
(3) The perpetrator of a criminal offense referred to in paragraphs 1 and 2 of this Article who has given a bribe at the request of a responsible person and reports this act prior to its discovery or prior to his knowledge that it has been discovered shall have the punishment remitted.
(4) The gift or pecuniary gain referred to in paragraph 3 of this Article shall be returned to the owner.
Article 343 Illegal Intercession
(1) Whoever demands or receives a gift or any other gain, or receives an offer or promise of a gift or any other gain for himself or for another natural or legal person so as to intercede by taking advantage of his official or social position or influence, whereby an official or other act be performed which should be performed, or that an official or other act not be performed which should not to be performed shall be punished by imprisonment for six months to three years.
(2) The punishment referred to in paragraph 1 of this Article shall be inflicted on whoever, by abusing his official or social position or influence, intercedes so that an official or other act be performed which should not be performed or so that an official or other act not be performed whichshould be performed.
(3) If, for the intercession referred to in paragraph 2 of this Article, the perpetrator has received a gift or some other gain, or if he has received an offer or accepted the promise of a gift or some other gain for himself or for another natural or legal person, while some other criminal offense is not committed for which a more severe punishment is prescribed, the perpetrator shall be punished by imprisonment for one to five years.
(4) Whoever offers, promises or gives a gift or some other gain to another, meant for that person or for another natural or legal person so that by abusing his official or social position or influence he intercedes so that an official or other act be performed that should be performed, or so that an official or other act not be performed that should not be performed shall be punished by imprisonment for six months to three years.
(5) Whoever offers, promises or gives a gift or some other gain to another, meant for that person or for another natural or legal person, so that by abusing his official or social position or influence he intercedes so that an official or other act be performed that otherwise should not be performed, or so that an official or other act not be performed which should be performed shall be punished by imprisonment for one to five years.
Article 344 Fraud in the Performance of a Duty
(1) An official person who, in the performance of his duty, with an aim to procure for himself or a third party unlawful pecuniary gain by submitting a false statement of account, or in some other way, by a false presentation of facts, deceives an authorized person into making an illegal disbursement, shall be punished by imprisonment for six months to five years.
(2) If, as result of the criminal offense referred to in paragraph 1 of this Article, a small pecuniary gain is acquired, while the perpetrator has acted with an aim to realize such gain, the perpetrator shall be punished by a fine or by imprisonment not exceeding one year.
(3) If, as a result of the criminal offense referred to in paragraph 1 of this Article considerable pecuniary gain is acquired, while the perpetrator has acted with an aim to realize such gain, the perpetrator shall be punished by imprisonment for three to fifteen years.
Article 345 Embezzlement
(1) Whoever unlawfully appropriates money, securities or other movable property which is entrusted to him in service or generally in his work shall be punished by imprisonment for six months to five years.
(2) If the value of the embezzled property is small, or if a small sum of money or securities or property of small value is embezzled, while the perpetrator acts with an aim to appropriate such value, he shall be punished by a fine or by imprisonment not exceeding one year.
(3) If a large sum of money is embezzled or securities or property of large value are embezzled, while the perpetrator acts with an aim to appropriate such value, he shall be punished by imprisonment for three to fifteen years.
Article 347 Accepting a Bribe
(1) An official person who solicits or accepts a gift or some other gain for himself or for another natural or legal person, or who accepts a promise to be given a gift or some other gain in order to perform within the scope of his authority an official or other act which he should not perform, or to omit an official or other act which he should perform shall be punished for one to eight years.
(2) An official person who solicits or accepts a gift or some other gain for himself or for another natural or legal person or who accepts a promise to be given a gift or some other gain in order to perform within the scope of his authority an official or other act which he should perform, or to omit an official or other act which he should not perform, shall be punished by imprisonment for six months to five years.
(3) An official person who after the performance or omission of an official or other act referred to in paragraphs 1 and 2 of this Article solicits or accepts a gift or some other gain for himself or for another natural or legal person as a result of such performance or omission shall be punished by imprisonment from three months to three years.
(4) The gift or other pecuniary gain received shall be forfeited.
Article 348 Offering a Bribe
(1) Whoever gives or promises to give a gift or some other gain to an official person or another natural or legal person in order to perform, within the scope of his official authority, an official or other act which he should not perform, or to omit an official or other act which he should otherwise perform, or whoever mediates in bribing an official or responsible person in such a way shall be punished by imprisonment for six months to five years.
(2) Whoever gives or promises to give a gift or some other gain to an official person in order to perform, within the scope of his official authority, an official or other act which he should perform, or to omit an official or other act which he should not perform, or whoever mediates in bribing an official or responsible person in such a way, shall be punished by imprisonment for three months to three years.
(3) The court shall remit the punishment of the perpetrator of the criminal offense referred to in paragraphs 1 and 2 of this Article, provided that he gives the bribe on the request of an official person and reports the offense before it is discovered or before he learns that the offense has been discovered.
(4) The gift or the pecuniary gain given under the circumstances referred to in paragraph 3 of this Article shall be restored to the person who gave a bribe. Unlawful Appropriation of Objects During Inspection, Search or Enforcement Proceedings
Article 349 Unlawful Appropriation of Objects During Inspection, Search or Enforcement Proceedings
An official person who, in the course of a search of a home, premises or persons, or in the course of enforcement proceedings or an inspection, appropriates movable property with an aim to procure by its appropriation unlawful pecuniary gain for himself or another shall be punished by imprisonment for six months to five years.
The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.
Landmines
Landmines and unexploded ordnance remaining from the 1991-95 war pose a serious risk along former front-line areas. Demining operations are expected to continue until at least 2019. You should stay on paved roads and avoid ditches, open fields and the shoulders of roads in areas where signs indicate the possible presence of landmines. While most tourist destinations are not affected, you should contact the Croatian Mine Action Centre (e-mail) regarding the presence of unexploded landmines.
Petty crime such as pickpocketing and document theft occurs, especially in busy tourist areas and along the Adriatic coast.
Ethnic tensions exist but rarely become violent.
Be vigilant if you attend soccer matches. The crowd occasionally becomes rowdy and violent.
In certain establishments, it is legal to charge any price for drinks as long as prices are posted. Check prices before placing an order. Some bars and œcabarets have been known to charge exorbitant prices. Discussions about overcharging may lead to threats of violence and security guards may force you to pay.
Demonstrations occur periodically and are usually peaceful. Nevertheless, avoid all demonstrations and large gatherings, as they have the potential to suddenly turn violent. Follow the advice of local authorities and monitor local media.
Exercise caution when driving on highways and respect speed limits. Travel on small roads can be hazardous. Drivers do not always follow safe driving practices. Many roads are narrow and poorly maintained. In particular, roads in Istria and along the Adriatic coast are narrow, congested, very slippery when wet, and many lack guard rails. Although highways cover main routes, some highway segments are not yet completed. Expect heavy traffic congestion on major routes on weekends and in the main cities during rush hour.
For road conditions and safety information, consult the Croatia Traffic Info, published by the Croatian automobile association, Hrvatski Autoklub.
See Transportation Safety in order to verify if national airlines meet safety standards.
Spiked food and drinks
Never leave your food or drinks unattended or in the care of strangers. Be wary of accepting snacks, beverages, gum or cigarettes from new acquaintances, as they may contain drugs that could put you at risk of sexual assault and robbery.
Trekking or rock climbing
Hire an experienced guide and ensure that the company is reputable if you intend to trek or rock climb. Buy travel health insurance that includes helicopter rescue and medical evacuation.
Carry adequate identification, such as your passport, at all times. Keep a photocopy of your passport in case of loss or seizure.
Exercise normal safety precautions. Ensure that your personal belongings, passport and travel documents are secure at all times, particularly on public transportation and in railroad stations and airports.
Emergency services
Dial 112 for police, fire fighters or an ambulance.
Dial 1987 for roadside assistance.
These services are available in English.
| Budget Autonomy | No |
|---|---|
| Annual Budget of the Agency | 21,298,250.00 HRK (for 2013) |
| Per Capital Expenditure | US $ 0.85 |
| Expeniture as % of the GDP | 0.005% |
| Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? | Yes |
| Does your country have freedom of information legislation? | Yes |
| Does your country have conflict of interest legislation? | Yes |
| Does your country have a financial disclosure system to help prevent conflicts of interest? | Yes |
| Who appoints the head of your agency? | State Attorney General with the prior opinion of the minister responsible for judicial affairs and the opinion of the collegiate body of the State Attorney’s Office of the Republic of Croatia. |
| Who has the authority to remove the head of the ACA? | State Attorney’s Council upon the proposal of the State Attorney General and with the prior opinion of the collegiate body of the State Attorney’s Office of the Republic of Croatia. |
| Is there any term limit for the head of the ACA? | No , The Head of USKOK is appointed for a term of four years. After the term for which he was appointed has expired, the Head may be reappointed to the Office. |
| Does your agency measure performance? | Yes Number of investigations launched Number of investigations completed Other, please specify Number of criminal reports Number of dismissals of criminal reports Number of indicted persons Number of all judgments and percentage of judgments of convictions Successfulness of appeals |
| Full access to Government | Yes |
|---|
RECIPIENT
STREET_NAME HOUSE_NUMBER [APARTMENT] [FLOOR]
POSTAL_CODE LOCALITY
CROATIA
Sample
Annette Ruzicka
BISTRIČKA 9 A
31225 BREZNICA NAŠIČKA
CROATIA
| Calendar | GMT | Reference | Actual | Previous | Consensus | Forecast |
|---|---|---|---|---|---|---|
| 2014-11-28 | 10:00 AM | Q3 | -0.5% | -0.8% | -0.43% | |
| 2015-02-27 | 10:00 AM | Q4 | 0.3% | -0.5% | -0.45% | |
| 2015-03-06 | 10:00 AM | Q4 | 0.3% | -0.5% | 0.3% | 0.3% |
| 2015-05-29 | 10:00 AM | Q1 | 0.3% | -1.21% | ||
| 2015-08-28 | 10:00 AM | Q2 | -0.94% | |||
| 2015-11-27 | 10:00 AM | Q3 | -0.7% |
We will not leak your personal information