Year: 2024
Year: 2023
Year: 2023
Year: 2023
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The Croatian Criminal Code provides for the application of active and passive extraterritorial jurisdiction for offences committed outside its territory, including SEC offences. Besides, the Criminal Code extends extraterritoriality in cases in which the criminal offence is committed outside Croatia and the punishment under the Croatian law is of five years or more, if the act is punishable under the law of the state in which it was committed and if the extradition is permitted but has not been made. Double criminality is required for extraterritorial jurisdiction, but it is lifted for some listed SEC related offences and those included in international agreements to which Croatia is a party. The Criminal Code also establishes universal jurisdiction for certain crimes, such as human trafficking.
A national of Croatia may not be extradited to another state. According to the Croatian Criminal Code, extraditable offences are those punishable under domestic law by imprisonment or a security measure with imprisonment for a maximum period of at least one year. Extradition for the purpose of executing sanctions by deprivation of liberty may be granted when a final sentence of imprisonment or security measure with deprivation of liberty has been rendered for at least four months.
SEC offences are referred to as extraditable under the European Arrest Warrant (EAW) framework within the EU without requiring double criminality if the act is punishable by a maximum period of at least three years of imprisonment in the requesting State.
Constitution of the Republic of Croatia, Criminal Code, Law on international mutual legal assistance in criminal matters ‘Narodne novine’ 178/04 ‘the ZOMPO’, Law on Judicial Cooperation in Criminal Matters with the Member States of the EU, 2014, 2011 (status as of 2022), 2004, 2015
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