Croatia - Central Authority (Art. 2) and practical information
Central Authority(ies):
Ministry of Justice, Public Administration and Digital Transformation
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Contact details: |
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| Address: | Ministry of Justice, Public Administration and Digital Transformation Service for International Legal Assistance and Judicial Cooperation in Civil Matters Ulica Grada Vukovara 49 10 000 Zagreb Croatia |
| Telephone: | +385(1) 3714 558 |
| Fax: | +385(1) 3714 559 |
| E-mail: | europska.unija@mpu.hr |
| General website: | https://mpu.gov.hr/ |
| Contact person: | Mr Lovro Balaša Ms Danijela Magdić |
| Languages spoken by staff: | Croatian, English |
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Practical Information |
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| Blocking statutes: | |
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Chapter I |
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| Transmission of Letters of Requests: | Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State. |
| Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): |
Judicial authority competent to execute the request. |
| Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | Republic of Croatia declares that the judicial personnel of the requesting State may be present at the execution of a Letter of Request, with the prior authorisation of the Ministry of Justice and Administration of the Republic of Croatia. |
| Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): |
No declaration. |
| Translation requirements Arts 4(2) and 33): |
Not applicable. See declarations. |
| Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
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| Time for execution: | 2- 4 months |
| Pre-trial discovery of documents Art. 23): |
Full exclusion. |
| Information about domestic rules on the taking of evidence: | Civil Procedure Act |
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Witness examination under Chapter I |
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| Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? | Letters of Request should include specific questions. |
| Is it a public or private hearing? | In general, it is a public hearing. According to Art 307. of the Civil Procedure Act the court may exclude the public during the whole trial or during one part of the trial if this is required in the interests of morality, public order or state security, or to guard military, official or business secrets, or for the protection of the private life of the parties, but only to the extent which in the opinion of the court would be unconditionally necessary in special circumstances in which the public could be harmful to the interests of justice. The court may also exclude the public if the measures for maintenance of order provided for by this Act are not sufficient to ensure an undisturbed course of the trial. |
| Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? | |
| Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? | No |
| Are documents produced by the witness authenticated by the court? | No |
| Is an oath generally administered to the witness? | No |
| Can the witness be made subject to further examination and recall? | No |
| Are there sanctions for non-appearance of witness? | No |
| Must interpreters who assist with the witness examination be court-certified? | No |
| How is the testimony transcribed? | Testimony is transcribed in minutes containing statements of witnesses or parties. |
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Chapter II |
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| Article 15 | Applicable |
| Article 16 | Not applicable |
| Article 17 | Applicable |
| Article 18 | Not applicable |
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Taking of evidence by video-links |
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Chapter I |
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| Are there legal obstacles to the use of video links? | |
| Technology used: | |
| Level of interpretation required: | |
| Simultaneous or in sequence interpretation: | |
| Interpretation required in which jurisdiction? | |
| Who pays for the interpretation? | |
| How would a request for evidence be handled if witness not willing? | |
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Chapter II |
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| Are there legal obstacles to the use of video links? | |
| Technology used: | |
| Level of interpretation required: | |
| Simultaneous or in sequence interpretation: | |
| Interpretation required in which jurisdiction? | |
| Who pays for the interpretation? | |
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Other Information |
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| Bilateral or multilateral agreements |
Bilateral agreements on mutual legal assistance in civil matters: Bosnia & Herzegovina (Split, 26 February 1996 and Split,17 June 2002); North Macedonia (Skopje, 2 September 1994); Russian Federation (Moscow, 24 February 1962); Serbia (Belgrade, 15 September 1997); Turkey (Ankara, 10 February1999). Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matter |
| Useful links: | |
| Competent authorities (Art. 17) | |
| Additional authorities (Art. 24) | |
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