Enhancing Procedural Rights of Suspects and the Accused in Criminal Proceedings in Croatia

 


 

Enhancing Procedural Rights of Suspects and the Accused in Criminal Proceedings in Croatia

Project is implemented by the Croatian Law Centre in partnership with the Croatian Association of Criminal Sciences and Practice and the Croatian Association of European Criminal Law

 

Project Summary

 

The overreaching goal of the project is to investigate the current application of the provisions of Directives 2010/64/EU, 2012/13/EU, and 2013/48/EU in regulation and practice in Croatia, in view of creating comprehensive recommendations for their full implementation. Consequently, the procedural rights of persons suspected/accused of crime are expected to be strengthened.

 

Objectives:

  • To assess the extent to which Croatia has successfully implemented the Directives;

  • To assess the way in which the provisions of the national implementing legislation, and indirectly, the provisions of the Directives, are applied in practice, and

  • To create recommendations for improvements of regulation and practice and to disseminate them among relevant institutions.

Activities:

  • In Workstream 1, the current state of relevant regulation and practice in Croatia will be researched, through the implementation of three activities:

    • Desk research of the current regulation. The compatibility of national legislation with Directives and case law shall be assessed, and compared with the legislation of select EU Member States.

    • Fieldwork research of the current state of practice. The way in which national implementing legislation is applied in practice shall be researched in interviews with key stakeholder groups (the police, public prosecutors, lawyers, and judges, twelve interviews each).

    • Focus group research will be utilized for in-depth investigation of outstanding issues identified in the fieldwork research, five focus group sessions in total.

  • In Workstream 2, the empirical evidence collected and analysed in Workstream 1 will be utilized for creation of recommendations for full implementation of Directives guaranteeing procedural rights of suspects/accused in criminal procedures, and dissemination of information to relevant audiences, in view of their incorporation into regulation and practice:

    • Development of recommendations on full implementation of the Directives. This will be carried out by the Expert Panel composed of experts on criminal law, but also of experts with the background of police procedures and prosecution, with lawyers and judges.

    • Dissemination plan will be developed by the Expert Panel, utilizing the members’ combined professional networks.

    • Advocacy activities will be carried out by Expert Panel members, in view of adoption of the recommendations by relevant public bodies, at least the Ministries of Justice and the Interior, State Attorney’s Office, and the Supreme Court.

    • The final conference will be organized to present the results of the Action to the interested public.

 

 Expected Results:

  • Improved knowledge of the normative and practical implementation of Directives

  • Recommendations for normative and procedural improvements formulated, and

  • Advocacy for adoption of recommendations, and dissemination of project results carried out

 

In addition to the Croatian Law Centre, the Croatian Association of Criminal Sciences and Practice and the Croatian Association of European Criminal Law, the following institutions are represented in the Project Board: Croatian Bar Association, Faculty of Law of the University of Zagreb, Ministry of Interior Affairs of the RoC, State's Attorney Office of the RoC, and the Supreme Court of the RoC.

 

The Project start date: 1 October 2015.

Duration: 18 months.

 

Co-funded by the Justice Programme of the European Union.

The contents of this document are the sole responsibility of  the Croatian Law Centre, Croatian Association of Criminal Sciences and Practice and the Croatian Association of European Criminal Law and can in no way be taken to reflect the views of the European Commission.