Competent authority

The order for production order can be issued by :

• State Attorney
• the investigator
• the police

Basis in law

Article 261, Criminal Procedure Code:
(1) Objects that are to be seized under the Criminal Act or which may serve to establish facts in proceedings shall be temporarily seized and their safekeeping shall be ensured.
(2) Whoever is in possession of such objects shall be required to hand them over at the request of the State Attorney, the investigator or the police

If different for subscriber information

Croatia does not have a different power for subscriber information.

If different for traffic data

Croatia does not have a different power for traffic data.

Form

• The order has to be issued by a written request of the State Attorney
   
• As defined by Article 263 of the Criminal Procedure Code:
  
  (1) The provisions of Article 261 of this Act shall also apply to data saved in computers and devices connected thereto, as well as in devices used for collecting and transferring data, to data carriers and to subscription information in the possession of a service provider, except in cases where temporary seizure of objects is prohibited under Article 262 of this Act.
  
  (2) The data referred to in paragraph 1 of this Article must be handed over to the State Attorney at his written request in an integral, original, legible and understandable form. The State Attorney shall state in his request the time limit for the handing over of data. In the case of refusal to hand over data, it may be proceeded in accordance with Article 259, paragraph 1, of this Act.

Competent authority

Preservation orders can be issued by an investigative judgeupon a motion of the State Attorney.

Basis in law

Article 263, Criminal Procedure Code
...
(4) Upon a motion of the State Attorney, the judge of investigation may decide by an order that all computer data referred to in paragraph 1 of this Article be protected and safeguarded as long as necessary but not for a period in excess of six months. Afterwards data shall be returned unless:
  1) they are related to the commission of the following criminal offences as referred to in the Criminal Act: violation of secrecy, integrity and accessibility  of computer data, programmes and systems (Article 223), computer forgery (Article 223a) and computer fraud (Article 224a);
  2) they are related to the commission of another criminal offence prosecuted ex officio, which was committed by means of a computer system;
  3) they are to be used as evidence of a criminal offence for which proceedings are ongoing.

(5) The person using the computer and the service provider are entitled to file an appeal against the order of the judge of investigation imposing the measure

If different for subscriber information

Croatia does not have a different power for subscriber information.

If different for traffic data

Croatia does not have a different power for traffic data.

Form

The order has to be issued by an investigative judge upon a motion of the State Attorney.

Definition of emergency situation

Croatian Criminal law doesn’t have a definition of emergency situations.

However, article 212. regulates police authorities where there is a risk of delay.

Article 212
(1) The police may, where there is a risk of delay, even before the institution of criminal proceedings for a criminal offence carrying a sentence of imprisonment of up to five years conduct searches (Article 246), temporarily seize objects (Article 261), conduct inspections (Article 304), and take fingerprints and prints of other body parts (Articles 211 and 307).

Obligation to cooperate

The obligation to cooperate is foreseen in some situations.

Article 212

...

(2) In the case referred to in paragraph 1 of this Article, the police shall, before taking the evidentiary action of search or inspection concerning a criminal offence carrying a sentence of imprisonment of more than five years which is within the jurisdiction of the municipal court, notify the State Attorney. The State Attorney that arrives at the location of the inspection or search during its conduct may take over the conduct of the action or may let the police conduct it. Such preliminary notification shall not be required for the conduct of evidentiary actions of temporary seizure of an object and the taking of fingerprints and prints of other body parts.

Obligation of secrecy

No, according to the Criminal Procedure Act the investigation is closed to the public.

Article 231 shall be amended to read as follows:
"(1) The investigation shall be closed to the public.
......

Non respect of the obligation of secrecy

Exception