Information on Parties
Information for providers
on Parties to Budapest Convention
Partnership agreement with providers
There are no further partnership agreemen than the obligation to cooperate as indicated in the law:
- Technical coordination with service provider in Croatia is performed by the operative-technical center for telecommunication monitoring and, pursuant to Art. 335 of the Criminal Procedure Code, is required to provide necessary technical support to the police.
Powers to request information
Production order
In the sense of Article 18 of the Budapest Convention
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.
Preservation order
In the sense of Articles 16 and 17 of the Budapest Convention
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.
Emergency situations
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.
Confidentiality obligation
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
Data protection agreements
European Union Member States/ Adequacy
No
Convention 108
No
Additional Protocol ETS 181 to Convention 108
No
Domestic legal framework on data protection
No
Remedies
Safeguards
Sources and links
- Criminal Code
- Criminal Procedure Code (in croatian)
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.