Providing legal assistance to foreign citizens in misdemeanor and criminal proceedings in the Republic of Croatia

Providing legal assistance to foreign citizens in misdemeanor and criminal proceedings in the Republic of Croatia

In misdemeanor and criminal proceedings in the Republic of Croatia, the parties to the proceedings are often foreign nationals, from the territory of the European Union as well as third countries.

Foreign citizens in criminal proceedings have the same rights and obligations as Croatian citizens, and which rights and obligations are regulated by the provisions of the Criminal Procedure Act and the Criminal Code.

In a certain number of criminal proceedings, pretrial detention is ordered for the parties as the strictest measure of limiting the defendant’s freedom, and in that case it is very important that the defendant has a defense attorney in order to provide effective legal assistance to the defendant.

In the case of pre-trial detention in accordance with the provisions of the Criminal Procedure Act, pre-trial detention can, in cases determined by law, be replaced by a guarantee that is given to the court in cash, and the defendant, after giving the guarantee, is released to defend himself and is free to return. to the country from which he comes as a free citizen.

In misdemeanor proceedings, the defendant is not obliged to personally participate in the proceedings, but can be represented by a lawyer as his defense counsel.

Furthermore, in criminal proceedings, depending on the amount of the prescribed penalty, the defendant is also not obliged to personally participate in the proceedings, except when presenting a defense, while all other actions in the proceedings can be taken by the chosen defender, the lawyer authorized by him for representation.