Criminal Proceedings in Croatia – A Complete Guide from Filing a Criminal Complaint to a Final Judgment

Criminal proceedings are among the most complex legal processes that individuals may encounter. Whether you have filed a criminal complaint, received a police summons for an informational interview, been called to testify as a witness, or criminal proceedings have been initiated against you as a suspect or defendant, it is essential to understand how criminal proceedings work and what your rights and obligations are.

In the Republic of Croatia, the rights and obligations of citizens, suspects and defendants in criminal proceedings are governed by the provisions of the Criminal Procedure Act (Official Gazette Nos. 152/2008, 76/2009, 80/2011, 91/2012, 143/2012, 56/2013, 145/2013, 152/2014, 70/2017, 126/2019, 80/2022, 36/2024, 72/2025 and 13/2026) and the Criminal Code (Official Gazette Nos. 125/2011, 144/2012, 56/2015, 61/2015, 101/2017, 118/2018, 126/2019, 84/2021, 114/2022, 114/2023, 36/2024 and 136/2025).

A lack of understanding of criminal procedure often leads to mistakes that may have long-term legal consequences. Many people mistakenly believe that filing a criminal complaint automatically results in an indictment being brought against the reported person or that the proceedings will inevitably end in a conviction. In reality, criminal proceedings are a complex legal process consisting of several stages, each serving a distinct purpose and governed by specific procedural rules that should be properly understood.

This guide explains in detail how criminal proceedings are conducted in the Republic of Croatia—from the first indication that a criminal offence may have been committed to the final and legally binding court judgment. Its purpose is to provide clear and practical information to help individuals better understand their legal rights and the importance of obtaining timely professional legal assistance.

What Are Criminal Proceedings?

Criminal proceedings are a legally regulated process through which it is determined whether a particular person has committed a criminal offence and whether the statutory requirements for imposing a criminal sanction have been satisfied. Their purpose is not only to punish offenders but also to protect the fundamental rights of all participants in the proceedings, including the victim, the suspect, the defendant and other persons involved, while also contributing to the general prevention of criminal offences.

One of the fundamental principles of criminal procedure is the presumption of innocence. Every person is presumed innocent until their guilt has been established by a final and legally binding court judgment. The mere filing of a criminal complaint or the initiation of criminal proceedings does not mean that a person has committed a criminal offence.

Criminal proceedings must be conducted lawfully, impartially and fairly. The competent authorities are obliged to respect the rights of all participants, and the court may base its decision solely on lawfully obtained and properly presented evidence.

Who Participates in Criminal Proceedings?

Criminal proceedings involve several participants, each having a specific role prescribed by law.

Police

The police are usually the first authority to come into contact with a potential criminal offence. Their powers include receiving criminal complaints, conducting preliminary inquiries, collecting information, securing the crime scene and gathering evidence in accordance with the law.

The police may also summon individuals for informational interviews, carry out certain evidentiary actions and act upon instructions issued by the State Attorney's Office.

State Attorney's Office

The State Attorney's Office of the Republic of Croatia (DORH) plays a central role in criminal proceedings. It determines whether the legal requirements for initiating criminal prosecution have been met, directs police activities during the preliminary inquiry and, where appropriate, files an indictment before the competent court.

The State Attorney does not represent the injured party. Instead, the State Attorney acts in the interests of legality and the public interest by prosecuting criminal offences and safeguarding the rule of law.

The State Attorney's Office Act (Official Gazette Nos. 67/2018, 21/2022 and 136/2025) regulates the powers and responsibilities of the State Attorney's Office in criminal proceedings in the Republic of Croatia.

Court

The court is an independent and impartial judicial authority responsible for determining the criminal liability of the defendant. Its role is to assess all evidence presented, hear the parties involved in the proceedings and render a lawful and reasoned judgment on whether the defendant committed the criminal offence with which they have been charged.

Throughout the proceedings, the court also decides on numerous procedural matters, including the ordering of pre-trial detention, the confirmation of indictments and appeals against procedural decisions, all of which precede the final judgment on the merits of the case.

Defendant

A defendant is a person against whom criminal proceedings are being conducted. Throughout the proceedings, the defendant enjoys rights guaranteed by the Constitution of the Republic of Croatia, the Criminal Procedure Act, and international human rights instruments, particularly the European Convention on Human Rights.

The most important rights of suspects and defendants include:

  • the right to defence;
  • the right to legal counsel;
  • the right to remain silent;
  • the right to inspect the case file;
  • the right to a fair trial.

Defence Counsel

A defence counsel, i.e. an attorney-at-law, provides legal assistance to the defendant throughout the criminal proceedings. The defence counsel's role is to protect the client's rights, participate in evidentiary actions, propose evidence, file legal remedies and represent the defendant before the court.

In cases where legal representation is mandatory, the defendant must be represented by defence counsel. If the defendant fails to appoint one, the court will appoint defence counsel ex officio, at the expense of the state budget, to represent the defendant throughout the proceedings.

Victim and Injured Party

A victim of a criminal offence has the right to have their rights and dignity protected throughout the criminal proceedings. An injured party is entitled to exercise certain procedural rights, including the right to be informed, the right to propose evidence, and the right to assert a civil claim for damages where the statutory requirements are met.

To protect their rights and interests, the injured party may appoint an attorney-at-law to represent them during the proceedings. They also have the right to propose evidence, just as the prosecution and the defence do.

The injured party's civil claim most commonly relates to pecuniary and/or non-pecuniary damage resulting from the criminal offence with which the defendant has been charged. In proceedings concerning criminal offences against life and limb, such claims usually relate to non-pecuniary damage, whereas in cases involving economic and financial crime, they most often concern financial loss caused by the criminal offence.

Initiation of Criminal Proceedings

In most cases, criminal proceedings begin when information comes to light giving rise to a suspicion that a criminal offence has been committed.

Such information may originate from various sources. For example, a citizen may report a criminal offence to the police, the police may independently discover circumstances indicating that a criminal offence may have been committed, or another competent public authority may submit information to the State Attorney's Office.

Most commonly, criminal proceedings are initiated by filing a criminal complaint with the police or directly with the State Attorney's Office. A criminal complaint may be submitted in writing or given orally for the record before the competent authority.

What Is a Criminal Complaint?

A criminal complaint is a report submitted to the competent authorities indicating that there is reason to suspect that a criminal offence prosecutable ex officio has been committed.

A criminal complaint may be filed by virtually anyone possessing information about a possible criminal offence, including private individuals, legal entities, public authorities, the police or the victim.

Although Croatian law does not prescribe a mandatory format for a criminal complaint, it is advisable that it contains as much specific information as possible, including:

  • a description of the incident;
  • the time and place of the event;
  • details of the suspected perpetrator, if known;
  • available evidence; and
  • information about potential witnesses.

It is important to emphasize that filing a criminal complaint does not automatically result in criminal proceedings being initiated or an indictment being filed against the reported person. The competent authorities must first assess whether the allegations are well-founded.

What Happens After a Criminal Complaint Is Filed?

After receiving the complaint, the police and the State Attorney's Office analyse the available information to determine whether there are legal grounds for further action.

At this stage, various investigative measures may be undertaken, including:

  • collecting information from citizens;
  • interviewing witnesses;
  • reviewing documentation;
  • examining CCTV footage;
  • obtaining medical records;
  • conducting forensic accounting examinations;
  • conducting digital forensic examinations; and
  • carrying out other evidentiary actions provided for under the Criminal Procedure Act.

If the preliminary inquiries reveal that the reported conduct does not constitute a criminal offence or that there are insufficient grounds for further action, the criminal complaint will be dismissed.

Conversely, if the collected information establishes reasonable grounds for suspicion that a criminal offence has been committed, the proceedings continue through the procedural steps prescribed by the Criminal Procedure Act.

Why Is It Important to Retain a Lawyer at This Stage?

Many individuals seek legal representation only after an indictment has been filed against them. However, the initial stage of criminal proceedings is often crucial for protecting their legal rights.

Obtaining timely legal advice enables a person to better understand their procedural position, prepare for communication with the competent authorities, and avoid mistakes that could significantly affect the outcome of the proceedings.

An experienced criminal defence lawyer can assess the circumstances of the case, explain the client's rights and obligations, and provide legal assistance from the very outset of the proceedings.

Preliminary Inquiries in Criminal Proceedings

Following the filing of a criminal complaint—or upon obtaining information indicating that a criminal offence may have been committed—the competent authorities conduct preliminary inquiries to determine whether there are sufficient grounds to initiate criminal proceedings.

Preliminary inquiries constitute the initial stage of criminal proceedings, during which information and evidence are collected to enable the authorities to decide whether further procedural steps are justified.

At this stage, it is not yet necessary to identify the perpetrator, nor has any decision regarding criminal liability been made. The purpose of the preliminary inquiry is to verify the allegations contained in the criminal complaint and establish whether there are grounds for suspicion that a criminal offence has been committed and whether a potential perpetrator can be identified.

Preliminary inquiries are generally conducted by the police under the supervision of the State Attorney's Office.

During this phase, the authorities may obtain:

  • information from citizens;
  • information from legal entities and public authorities;
  • documentation;
  • CCTV recordings;
  • financial records;
  • data from electronic devices; and
  • any other information relevant to clarifying the circumstances of the case.

It is important to stress that no determination of guilt is made during the preliminary inquiry. The information collected serves solely to assess whether sufficient grounds exist for further criminal prosecution.

What Investigative Measures May Be Carried Out During Preliminary Inquiries?

In more complex cases, the prosecuting authorities may undertake various investigative measures, either individually or in combination, including expert examinations, in order to gather evidence.

Collection of Information

The police may interview individuals who possess relevant information about the incident. At this stage, a person providing information does not necessarily have the same procedural status as a witness or a suspect. It is therefore important to understand in what capacity the individual is being questioned.

Collection of Documentation

In cases involving economic crime, fraud or abuse of office, the authorities frequently obtain business records, contracts, bank statements and other documentation relevant to the investigation.

Expert Examinations

Certain cases require expertise beyond legal knowledge.

Examples include:

  • forensic accounting in cases involving financial and economic crime;
  • forensic medical examinations in offences against life and bodily integrity;
  • traffic accident reconstruction;
  • digital forensic examinations in cybercrime cases.

Searches and Temporary Seizure of Property

Where the statutory requirements are met, the authorities may conduct searches of homes, business premises, vehicles or electronic devices.

Objects or property that may be relevant to the criminal proceedings may be temporarily seized in order to preserve evidence.

What If the Police Summon You for an Informational Interview?

Receiving a police summons often causes stress and uncertainty. However, the mere fact that you have been summoned does not mean that you have committed a criminal offence.

The police may invite a person to provide information about an incident or to verify certain facts.

Before attending the interview, it is important to establish:

  • in what capacity you are being questioned;
  • which incident the interview concerns; and
  • whether your statement could affect your legal position.

If there is any possibility that your statement could expose you to criminal liability, you should carefully consider exercising your right to legal assistance.

Careless statements, misunderstandings or inaccurate answers given during an interview may later complicate your defence.

Initial Examination of a Suspect

Where reasonable grounds exist to suspect that a particular person has committed a criminal offence, that person acquires the procedural status of a suspect.

A suspect is guaranteed a number of statutory rights designed to ensure an effective defence.

The most important rights include:

  • the right to be informed of the reasons for the suspicion;
  • the right to legal counsel;
  • the right to access information necessary for preparing a defence;
  • the right to present a defence;
  • the right to remain silent and not answer questions;
  • the right to use a language they understand; and
  • the right to fair treatment.

One of the fundamental rights of both suspects and defendants is the right to remain silent and to decline to answer individual questions.

The exercise of the right to remain silent cannot, by itself, be interpreted as an admission of guilt. It is a legally protected procedural right and a legitimate form of defence.

Whether a person should give a statement or exercise the right to remain silent depends on the specific circumstances of each individual case.

In some situations, providing a detailed statement at the outset may be beneficial. In others, it may be advisable to first review the available evidence before deciding on a defence strategy. For this reason, obtaining legal advice before making any statement is strongly recommended. An experienced criminal defence lawyer can assess the procedural situation and determine the most appropriate course of action.

The Right to Remain Silent and Defence Strategy

In some cases, providing a detailed defence statement at the very beginning of the proceedings may be beneficial. In other situations, however, it may be more appropriate to first review the available evidence and the circumstances of the case before deciding whether to make a statement.

For this reason, it is advisable to consult a criminal defence lawyer before giving any statement. An experienced attorney can assess the individual's procedural position and recommend the most appropriate defence strategy.

In certain cases, the defence deliberately exercises the suspect's or defendant's right to remain silent during the initial examination. This strategy enables the defence to gain access to the case file at a later stage, allowing counsel to examine the prosecution's evidence in detail and prepare a well-informed and effective defence.

Investigation in Criminal Proceedings

Where the statutory requirements are met, the State Attorney may order the opening of a formal investigation.

The purpose of the investigation is to collect the evidence and information necessary to determine whether an indictment should be filed.

During the investigation, various evidentiary actions may be undertaken, including:

  • examination of witnesses;
  • examination of expert witnesses;
  • searches of premises or property;
  • collection of documentation; and
  • other investigative measures permitted by law.

The opening of an investigation does not mean that the suspect or defendant is guilty. Rather, it is a procedural stage during which the competent authorities establish the relevant facts in order to decide whether the proceedings should be discontinued or whether an indictment should be brought before the court.

The Role of Defence Counsel During the Investigation

The role of defence counsel during the investigation is often crucial in safeguarding the rights of the suspect or defendant.

A defence lawyer may:

  • monitor the legality of the actions taken by the prosecuting authorities;
  • participate in certain evidentiary actions;
  • propose additional evidence;
  • challenge procedural irregularities;
  • prepare the defence strategy; and
  • protect the client's rights throughout the proceedings.

Timely legal representation is particularly important because evidence collected during the early stages of criminal proceedings frequently has a significant impact on the court's final decision.

Defence counsel is also entitled to file legal remedies whenever the law permits an appeal against decisions of the State Attorney or the court, particularly against decisions ordering an investigation or imposing procedural measures intended to secure the defendant's presence during the proceedings.

Arrest in Criminal Proceedings

Under certain circumstances, the police may arrest a person where there are reasonable grounds to suspect that they have committed a criminal offence.

An arrest constitutes a serious interference with an individual's fundamental rights and may only be carried out under the conditions prescribed by law.

A person who has been arrested has the right to:

  • be informed immediately of the reasons for the arrest;
  • consult and be assisted by defence counsel;
  • notify a family member or another person of their choice about the arrest; and
  • be brought before the competent judicial authority within the time limit prescribed by law.

Following the arrest, the competent authorities decide on the next procedural steps, including whether to request the imposition of pre-trial detention.

Pre-trial Detention

Pre-trial detention is not a criminal punishment. It is a procedural measure intended to ensure the proper conduct of criminal proceedings.

The court may order pre-trial detention only where the statutory requirements are fulfilled.

The most common grounds include:

Risk of Flight

Where circumstances indicate that the suspect or defendant may abscond in order to avoid criminal proceedings.

Risk of Interference with Witnesses or Evidence

Where there is a risk that the suspect or defendant could influence witnesses, interfere with other participants in the proceedings, or obstruct the collection of evidence.

Risk of Reoffending

Where specific circumstances indicate a likelihood that the person may commit another criminal offence.

The decision to order pre-trial detention is made exclusively by the court, and the parties are entitled to challenge that decision by the legal remedies provided by law.

Why Is It Important to Act Promptly?

Criminal proceedings consist of a series of closely connected procedural stages. Decisions made and actions taken at the beginning of the proceedings may have significant consequences throughout the entire case.

For this reason, it is essential to:

  • understand your procedural position;
  • protect your legal rights;
  • avoid making important decisions without legal advice; and
  • obtain professional legal representation whenever necessary.

Luka Mrkić Law Office provides legal advice and representation in criminal proceedings for clients from Zadar, Dalmatia and throughout the Republic of Croatia, offering an individual approach to every case and comprehensive protection of clients' rights at every stage of the criminal process.

Indictment in Criminal Proceedings

Following the completion of the investigation—or, where appropriate, after the necessary preliminary inquiries—the State Attorney assesses whether sufficient evidence exists to file an indictment.

An indictment is the formal legal instrument by which the State Attorney initiates criminal prosecution before the competent court against a specific individual suspected of having committed a criminal offence.

The filing of an indictment does not mean that the defendant is guilty. It merely represents the prosecution's allegation, which must subsequently be proven before the court.

A fundamental principle of criminal procedure is that the burden of proving guilt rests entirely with the prosecution. The defendant is under no obligation to prove their innocence. It is the responsibility of the State Attorney to establish every legal element of the alleged criminal offence beyond the standard required by law.

Contents of an Indictment

An indictment must contain sufficient information to enable the defendant to understand the allegations against them and to prepare an effective defence.

As a general rule, an indictment includes:

  • the defendant's personal details;
  • a factual description of the alleged criminal offence;
  • the legal classification of the offence;
  • the circumstances relevant to its legal qualification;
  • a list of the evidence the prosecution intends to present; and
  • an explanation of the reasons why the State Attorney considers that sufficient grounds exist to support the charges.

The defendant and their defence counsel have the right to review the indictment in full and to prepare their defence accordingly.

Confirmation of the Indictment

Once an indictment has been filed, the court examines whether the legal requirements for confirming the indictment have been met.

The purpose of this stage is to ensure that only cases supported by a sufficient degree of suspicion and a proper legal basis proceed to trial.

At this stage, the court may rule on various procedural matters, assess whether the conditions for continuing the proceedings have been satisfied, exclude unlawfully obtained evidence from the case file, and decide on other procedural issues.

If the indictment is confirmed, the case proceeds to the trial stage.

Trial Before the Court

The trial is the central stage of criminal proceedings during which the court hears the evidence directly and determines the defendant's criminal liability.

At the beginning of the hearing, the court verifies the attendance of all summoned persons and determines whether the procedural requirements for conducting the trial have been fulfilled.

During the trial, the court may hear and examine:

  • the defendant,
  • witnesses,
  • expert witnesses,
  • documentary evidence,
  • and any other admissible evidence.

The court must ensure that every defendant is afforded the right to a defence and the opportunity to comment on all evidence presented against them.

Presentation of Evidence in Criminal Proceedings

Evidence plays a fundamental role in criminal proceedings, as the court's decision is based on its assessment of all evidence presented during the trial.

Evidence may take various forms.

Testimonial Evidence

Statements made by the defendant, witnesses, and other individuals may constitute important evidence. The court evaluates the credibility of each statement, its consistency with other testimony, and its relationship to the remaining evidence.

Physical and Documentary Evidence

This may include:

  • documents,
  • objects connected with the criminal offence,
  • photographs,
  • audio or video recordings,
  • electronic data.

Expert Evidence

In complex cases, the court may appoint an expert witness whenever specialised knowledge is required to establish relevant facts.

Examples include:

  • medical expert opinions,
  • forensic accounting reports,
  • traffic accident reconstruction,
  • digital forensic examinations.

Closing Arguments

After the presentation of evidence has been completed, the parties deliver their closing arguments.

The State Attorney presents their position on whether the criminal offence has been proven and proposes the appropriate decision to the court.

Defence counsel presents the defendant's case, analyses the evidence presented during the proceedings, and highlights the facts supporting the defence.

The defendant also has the right to make a final statement before the court retires to deliberate.

Judgment in Criminal Proceedings

Following the conclusion of the trial, the court delivers its judgment.

The court may render one of the following decisions:

Acquittal

An acquittal is delivered where it has not been proven that the defendant committed the criminal offence charged, or where other statutory grounds for acquittal exist.

Conviction

If the court finds that the defendant committed the criminal offence, it will deliver a conviction.

The judgment determines:

  • the defendant's guilt,
  • the criminal sanction to be imposed,
  • and any other legal consequences arising from the conviction.

Dismissal Judgment

In certain circumstances prescribed by law, the court may render a judgment dismissing the charges.

Criminal Sanctions the Court May Impose

Where a conviction is entered, the court may impose various criminal sanctions depending on the circumstances of the particular case.

Possible sanctions include:

  • imprisonment,
  • a fine,
  • a suspended sentence,
  • community service,
  • security measures,
  • and other sanctions provided by law.

When determining the appropriate sentence, the court considers numerous factors, including the seriousness of the offence, the circumstances in which it was committed, the defendant's previous criminal record, their conduct after the offence, and any other circumstances relevant to sentencing.

Appeal Against a Criminal Judgment

The parties are entitled to appeal against a first-instance judgment where the statutory requirements for an appeal are satisfied.

An appeal is a legal remedy used to challenge a first-instance judgment on the grounds of procedural or substantive irregularities.

Grounds for appeal may include:

  • substantial violations of the rules of criminal procedure,
  • incorrect or incomplete findings of fact,
  • misapplication of substantive criminal law,
  • errors relating to the sentence or other criminal sanctions.

Appeals are decided by the competent appellate court.

The appellate court may:

  • uphold the first-instance judgment,
  • quash the judgment and remit the case for a new trial,
  • or amend the judgment where the legal requirements for doing so are met.

When Does a Criminal Judgment Become Final?

A criminal judgment becomes final and legally binding when it can no longer be challenged by an ordinary legal remedy, or once any appeal has been finally determined by the competent appellate court.

The finality of a judgment means that the court's decision is conclusive within the ordinary course of criminal proceedings and produces its full legal effects.

Once a judgment becomes final, it may be enforced if it imposes a criminal sentence or any other enforceable criminal sanction.

How Long Do Criminal Proceedings Take in Croatia?

The duration of criminal proceedings depends on numerous factors, and it is impossible to determine a fixed timeframe in advance.

The length of proceedings may be affected by:

  • the complexity of the criminal case;
  • the number of defendants;
  • the number of witnesses;
  • the need for expert examinations;
  • the volume of documentary evidence;
  • the court's caseload;
  • the use of legal remedies, including appeals.

Less complex cases may be concluded relatively quickly, whereas more complicated proceedings—particularly those involving economic crime, financial offences, or multiple participants—may take considerably longer.

Common Mistakes Made by Defendants in Criminal Proceedings

In practice, certain mistakes frequently make a defence more difficult.

Giving a Statement Without Preparation

A statement given during the early stages of criminal proceedings may significantly affect the outcome of the case. It is therefore important to understand the legal consequences before making any statement.

Ignoring a Summons from the Police or the Court

Failure to respond to official summonses may result in serious procedural consequences.

Contacting Witnesses or Other Participants Independently

Attempts to influence witnesses or other participants in the proceedings may give rise to additional criminal or procedural consequences.

Publishing Information About the Proceedings

Posting information on social media or publicly commenting on an ongoing criminal case may adversely affect a person's legal position.

Delaying the Appointment of a Defence Lawyer

Legal assistance is most effective when sought at an early stage, before significant procedural steps have been taken.

Frequently Asked Questions About Criminal Proceedings

Does Filing a Criminal Complaint Mean I Am Guilty?

No. A criminal complaint is merely a report submitted to the competent authorities alleging that a criminal offence may have been committed. Guilt can only be established by a final and legally binding court judgment.

Am I Required to Respond to a Police or Court Summons?

Yes. Official summonses issued by the police or the court should always be taken seriously. Your rights and obligations depend on your procedural status within the criminal proceedings.

Should I Hire a Lawyer if I Am Invited for a Police Interview?

If there is any possibility that the interview could affect your legal position, it is advisable to seek legal advice from a criminal defence lawyer beforehand.

Can I Be Appointed a Lawyer at the State's Expense?

In certain cases, legal representation is mandatory. Where the defendant does not appoint a defence lawyer, the court may appoint one ex officio, in accordance with the provisions of the Criminal Procedure Act.

Will Criminal Proceedings Remain on My Record?

The legal consequences of criminal proceedings depend on their outcome and the specific circumstances of each case. The consequences of a conviction vary depending on the nature of the criminal offence and the criminal sanction imposed.

Conclusion

Criminal proceedings in Croatia are a complex legal process involving numerous stages—from the initial criminal complaint and preliminary investigation, through the investigation and indictment, to the trial, judgment, and, where applicable, appellate proceedings.

Each stage of the proceedings carries specific rights and obligations for those involved. Understanding your legal position at an early stage and obtaining timely professional legal assistance can be essential for the effective protection of your rights and interests.

Luka Mrkić Law Office provides legal advice, criminal defence, and legal representation before all competent authorities for clients in Zadar, throughout Dalmatia, and across the Republic of Croatia.

Every criminal case requires an individual legal assessment, careful preparation of the defence, and a professional approach focused on protecting the client's rights throughout every stage of the criminal proceedings.

Author

Luka Mrkić, Attorney-at-Law