The 2026 amendments to the Criminal Procedure Act (Official Gazette No. 13/2026) introduce significant changes to the evidentiary and pre-trial criminal procedure, particularly in relation to the first questioning of the defendant and the defence’s right of access to the case file.
These are important amendments that have a significant impact on the rights of defendants in criminal proceedings. In the explanatory memorandum to the bill that entered into force through the aforementioned amendment, the legislator states that the aim of the changes is to modernise the procedure through digitalisation, strengthen the procedural rights of the defence, and increase the efficiency of criminal prosecution.
In practice, it remains to be seen whether these amendments will meet the legislator’s expectations in terms of faster and more efficient conduct and completion of criminal proceedings.
With regard to the first questioning of the defendant, these amendments to the Criminal Procedure Act provide that the questioning of the defendant is to be recorded using audio-video recording equipment.
According to the amended Article 275 of the Criminal Procedure Act, the following is prescribed:
Before the start of the first questioning, the defendant shall sign that they have received the written instruction on rights referred to in Article 239(1) of this Act. At each subsequent questioning, the defendant shall be reminded of the signed statement confirming receipt of the written instruction on rights before the first questioning, and this shall be recorded in the minutes.
The questioning of the defendant is recorded using audio-video recording equipment. The equipment is operated by a trained professional.
In addition to the warnings and instructions referred to in Article 273(1) of this Act, the authority conducting the questioning shall also enter into the record a warning that the questioning is being recorded and that the recorded statements may be used as evidence in the proceedings. The warning and the defendant’s statement regarding the exercise of the right to counsel shall also be recorded and entered into the minutes.
The authority conducting the questioning shall include the information that must be contained in the record of the questioning of the defendant (Article 83(1) and Article 272(1)), the information on recording referred to in Article 87(5) of this Act, and shall then indicate the beginning, interruption, continuation, and end of the questioning, as well as other circumstances relevant to the course of the questioning.
In the record of the questioning that is being recorded, the defendant’s statement is not entered.
Three recordings are made of the questioning, one of which is sealed and handed over to the investigating judge for safekeeping. The sealed envelope is signed by the person who conducted the questioning, the defendant, the defence counsel if present, and the professional who carried out the recording. One copy of the recording is immediately handed to the state attorney and one to the defendant.
This introduces mandatory technical documentation of the first questioning, which represents a fundamental novelty compared to the previous system based primarily on a written record.
Pursuant to Article 275(5) of the Criminal Procedure Act, it is prescribed:
“In the record of the questioning that is being recorded, the defendant’s statement is not entered.”
This provision represents a key procedural change, as the content of the statement is no longer determined through the written record, but exclusively through the audio-video recording. Interpretations of the statement are no longer possible, and delays in proceedings through motions to exclude the questioning as unlawful evidence are prevented, since the content of the statement is recorded by audio-video equipment and is no longer subject to interpretation, which will certainly contribute to more efficient criminal proceedings.
According to Article 275(1) and (3) of the Criminal Procedure Act, before the first questioning the defendant:
- signs that they have received written information on their rights
- must be informed of their defence rights
- must be warned that the questioning is being recorded
- the exercise of the right to counsel must be recorded
According to amendments to Article 10(2)(2) of the Criminal Procedure Act, the law introduces a new approach to the legality of evidence and procedural balance, whereby the court assesses:
- the seriousness of the violation of rights
- the public interest in criminal prosecution
- the possibility of remedying the violation
- the nature of the violation of fundamental rights
This provision has a direct impact on the control of the legality of the case file and evidence. Access to the case file may be restricted when necessary for:
- the protection of the purpose of the investigation
- the protection of witnesses
- the protection of legally prescribed confidentiality
However, any restriction must be reasoned and proportionate, which follows from the general principles of criminal procedure and standards of a fair trial. This is certainly a legal solution that will significantly change the procedural position of the defendant in the proceedings and limit their rights compared to the previous solution.
With the introduction of audio-video recording (Art. 275 of the Criminal Procedure Act) and the electronic case file, the procedure is significantly modernised.
The written record is no longer the primary evidence of the defendant’s statement; instead, the recording takes on the dominant evidentiary role.
The 2026 amendments to the Criminal Procedure Act represent a significant step forward in the modernisation of criminal procedural law in the Republic of Croatia. The following stand out in particular:
- mandatory audio-video recording of the first questioning (Art. 275(2))
- exclusion of the content of the statement from the written record (Art. 275(5))
- strengthening of procedural transparency and digitalisation
At the same time, the system retains control mechanisms through restrictions on access to the case file and judicial assessment of the legality of evidence, thereby maintaining a balance between the efficiency of criminal prosecution and the protection of defence rights.
The amendments to the Criminal Procedure Act (Official Gazette No. 13/2026) in relation to the procedural position of the defendant in criminal proceedings bring significant changes. They are aimed at faster and more efficient conduct of criminal proceedings while limiting certain rights of the defendant, particularly with regard to access to the case file.
