criminal procedure

(b) the rights of individuals in criminal procedure;

CRIMINAL PROCEDURES

Mutatis mutandis applicability of the provisions of the Criminal Procedure Act

Persons who are being investigated or prosecuted under the rules of criminal procedure for reasonable suspicion of preparation or commission of criminal offences of terrorism.

Mutatis mutandis applicability of the provisions of the Criminal Procedure Act governing the procedure applying to protection of legality

The EU notes the information provided as regards Article 82 of the Criminal Procedure Code and invites Croatia to put in place appropriate institutional arrangements for the proper management of property confiscated in criminal proceedings.

The appeal must be decided upon by the senate of the competent district court (paragraph 6 of Article 25 of the Criminal Procedure Act) within 48 hours.

The EU calls on Croatia to further strengthen the capacity of USKOK, not least in view of its increased responsibilities under the Criminal Procedure Code.

Unless otherwise determined by this Act, ordinary court proceedings shall be, mutatis mutandis, subject to the provisions of the Criminal Procedure Act governing:

− provide the conditions for professional training of judges in the area of new labour legislation, Criminal Procedure Act, and other statutory and implementing acts in this area,

(d) any other specific aspects of criminal procedure which the Council has identified in advance by a European decision; for the adoption of such a decision, the Council shall act unanimously after obtaining the consent of the European Parliament.

When the requested Party informs the person whose extradition has been requested of the judgment rendered against him in absentia, the requesting Party shall not regard this communication as a formal notification for the purposes of the criminal procedure in that State."

Croatia substantially reduces the case backlog before the courts, particularly as regards old civil and criminal cases and enforcement decisions, and implements adequate legal and organisational measures to prevent undue delay in court cases, including the introduction of new methods of enforcement to ensure court decisions are enforceable within a reasonable time period, improved use of alternative dispute resolution (ADR), including the simplification of ADR mechanisms, and a track record of implementation of the new Criminal Procedure and Civil Procedure Codes;

The EU encourages Croatia to ensure the necessary regulations are adopted, training provided and other preparations completed to allow full application of the new provisions of the Criminal Procedure Code concerning the modifications of the judicial investigation and transfer of competence to the State Prosecutor.

Croatia implements its action plan for the review of in absentia cases and the new provisions of the Criminal Procedure Code on renewal of proceedings and deploying other legal remedies such as protection of legality, ensuring renewal of proceedings requests and renewed trials are properly and impartially handled by all relevant judicial authorities.

(i) Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or

The EU also invites Croatia to implement its action plan for the review of in absentia cases, including implementation of the new provisions of the Criminal Procedure Code on renewal of proceedings and deploying other legal remedies such as protection of legality, thus ensuring that both the requests for the renewal of proceedings and any renewed trials are properly and impartially handled by all relevant judicial authorities.

Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale.

(4) The aircraft captain must ensure that all evidence relevant to a procedure on violations or for an investigation of a criminal offence are handed over to the competent official body.

(c) The prevention of the misuse by organized criminal groups of tender procedures conducted by public authorities and of subsidies and licences granted by public authorities for commercial activity;

(1) The court must suspend the procedure if the preliminary question concerns the existence of a criminal offence, the existence of a marriage, or the establishment of paternity, if so prescribed by law.

Members may provide for criminal procedures and penalties to be applied in other cases of infringement of intellectual property rights, in particular where they are committed wilfully and on a commercial scale.

1 Each Party shall adopt such legislative and other measures as may be necessary to establish the powers and procedures provided for in this section for the purpose of specific criminal investigations or proceedings.

No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State.

1 No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State.

At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.

The assignment of judges to divisions shall be based on the nature of the functions to be performed by each division and the qualifications and experience of the judges elected to the Court, in such a way that each division shall contain an appropriate combination of expertise in criminal law and procedure and in international law.

If a revision based on any ground other than those referred to in clause 12 of Article 339 of the present Act is filed simultaneously with, or prior to, a motion to reopen the proceedings submitted pursuant to clauses 5, 6, or 7 of Article 394 of the present Act and based upon a final sentence rendered in the criminal proceedings, the court shall suspend the procedure in motion to reopen the proceedings until the procedure in revision have been finally concluded.

The rights enshrined in Article 6 must be respected particularly when the European Parliament and the Council adopt laws and framework laws in the area of judicial cooperation in criminal matters, on the basis of Articles III-270, III-271 and III-273 of the Constitution, notably to define common minimum provisions as regards the categorisation of offences and punishments and certain aspects of procedural law.

The procedures under which the team is to operate, such as its composition, duration, location, organization, functions, purpose, and terms of participation of team members of a State in investigative activities taking place in another State's territory shall be as agreed between the competent authorities responsible for the investigation or prosecution of criminal offenses, as determined by the respective States concerned.

Recalling Committee of Ministers Recommendations No. R (85) 10 concerning the practical application of the European Convention on Mutual Assistance in Criminal Matters in respect of letters rogatory for the interception of telecommunications, No. R (88) 2 on piracy in the field of copyright and neighbouring rights, No. R (87) 15 regulating the use of personal data in the police sector, No. R (95) 4 on the protection of personal data in the area of telecommunication services, with particular reference to telephone services, as well as No. R (89) 9 on computer-related crime providing guidelines for national legislatures concerning the definition of certain computer crimes and No. R (95) 13 concerning problems of criminal procedural law connected with information technology;

1. he violates flight rules (first paragraph of Article 8), 2. in the case of a violation of air space by an aircraft, he does not land at the order of a competent body in compliance with instructions (third paragraph of Article 10), 3. is not acquainted with the content of /cargo/ which he is transporting (seventh paragraph of Article 59), 4. performs the task of pilot in commercial air traffic if he has exceeded the prescribed age (eighth paragraph of Article 59), 5. does not take measures in compliance with authorities (first paragraph of Article 60), 6. prior to take-off does not check whether the crew and aircraft are prepared and capable of safe flight and whether all prescribed documents are on board (third paragraph of Article 60), 7. does not provide the police with professional assistance and does not provide information to them when this is required in compliance with legal authorities (eighth paragraph of Article 60), 8. does not take measures in compliance with authorities (first and second paragraphs of Article 61), 9. does not take care that objects that are relevant to a procedure of violation or for the investigation of a criminal offence are handed to the appropriate official body (fourth paragraph of Article 61), 10. does not inform the Administration of an aviation accident with fatal results or serious physical injuries or with considerable damage or about a serious incident and does not submit a written report about such (Article 63), 11. does report on circumstances, events and disturbances in functioning which could affect the airworthiness of the aircraft (Article 64), 12. does not land immediately with an aircraft at the nearest suitable airport in compliance with the instructions of a competent air traffic service (first paragraph of Article 147),

(7) When the business documentation which could be relevant for the Office to adopt its decision in the procedure in accordance with this Act is seized within criminal or other judicial procedure during house search or in any other method, the Office may request from the court a copy of the documentation, unless the court decides that this may be in contravention with the interests of the criminal procedure.

Criminal investigations, particularly in emergencies, can also be accelerated by simplifying procedures.

2. if the data are necessary for establishing the facts in criminal procedures and the submission of these data is requested or ordered in writing by the competent court,

Without prejudice to the procedures for the withdrawal of authorisation or to the right of Member States to impose criminal sanctions, Member States shall ensure, in conformity with their national law, that the appropriate administrative measures can be taken or administrative sanctions be imposed against the persons responsible where the provisions adopted in the implementation of this Directive have not been complied with.

The competent authorities of Member States shall without delay and in compliance with their procedures under national law notify the flag Member State or the Member State of registration, of any infringement of the Community rules referred to in Article 1, indicating the name and the identification marks of the vessel involved, the names of the master and the owner, the circumstances of the infringement, any criminal or administrative proceedings or other measures taken and any definitive ruling relating to such infringement.

Paragraph 1 shall not apply to criminal procedures.