In legal practice, defence lawyers increasingly represent defendants who are not Croatian nationals and who do not speak the Croatian language or understand the Latin script. In addition, such defendants are generally unfamiliar with the rules governing criminal proceedings in the Republic of Croatia and have no prior experience with the Croatian criminal justice system.
Our experience in representing foreign defendants has demonstrated that effective communication between the defendant and defence counsel in a language the defendant understands is of fundamental importance. Only in this way can the defendant receive high-quality legal assistance and fully understand their rights and obligations throughout the criminal proceedings. Although the Croatian Criminal Procedure Act (hereinafter: the CPA) provides that foreign nationals are entitled to the assistance of a court-appointed interpreter during official procedural acts, this right is limited exclusively to those official acts conducted in accordance with the provisions of the CPA.
Equally important, and indeed essential to an effective defence, is the communication between the defendant and defence counsel outside the scope of official procedural acts. The preparation of the defence, legal consultations prior to the first interrogation, and continuous communication throughout the proceedings are crucial to ensuring that the defendant understands the criminal process and is able to exercise their right to defence effectively.
Our experience in representing German-speaking defendants has shown that clients feel significantly more secure and develop greater confidence in their legal representative when consultations are conducted in a language they fully understand. This is particularly important for defendants held in pre-trial detention, who must prepare their defence through direct and confidential communication with their lawyer, without the presence of an interpreter or any third party.
Legal consultation before the first interrogation is especially important, as defendants are usually unfamiliar with the Croatian criminal procedure and have little or no experience with criminal proceedings in the Republic of Croatia.
It is during these initial consultations that defendants first learn the nature of the allegations against them, the available options for presenting their defence, the subsequent stages of the criminal proceedings, and the possible outcomes of the case.
Having been informed about the course of the proceedings and their procedural rights and obligations, defendants are able, in consultation with their defence counsel, to make informed decisions regarding the manner in which they will exercise their right to defence.
Clear and comprehensive advice regarding the rights of suspects and defendants often constitutes a decisive factor in ensuring the effective exercise of those rights. Effective communication and a relationship of trust between lawyer and client frequently prove to be the key to safeguarding the defendant's procedural rights throughout the criminal proceedings.
At every stage of the criminal proceedings, a relationship of trust between defence counsel and the defendant, together with clear communication in a language the defendant understands, constitutes an essential element of the right to a fair defence. Equally important are the defence lawyer's professional expertise and practical experience in criminal law.
Where the defendant is held in pre-trial detention or is serving a custodial sentence, defence counsel often represents the defendant's only effective legal support in protecting their rights. This is particularly significant because deprivation of liberty constitutes one of the most severe measures that may be imposed upon an individual in a democratic society.
Communication between the defendant and defence counsel is therefore a fundamental aspect of the effective exercise of the right to defence in criminal proceedings involving foreign nationals who do not speak the Croatian language or understand the Latin script and who are unfamiliar with the substantive criminal law and criminal procedure of the Republic of Croatia.
