EUROPEAN ARREST WARRANT

EUROPEAN ARREST WARRANT

The European Arrest Warrant as an institute of international criminal legal assistance that replaced extradition within the European Union is also applied in the Republic of Croatia. We are talking about an institute that, compared to traditional forms of international criminal legal assistance, has brought great changes, especially in terms of placing cooperation exclusively in the hands of judicial authorities, with the obligation to surrender one's own citizens as well, very short deadlines for deciding on warrants, and the exclusion of the principle of mutual criminality for catalog criminal offenses. acts, it is very useful to carry out an analysis of the application of the aforementioned provisions.

Area of ​​application of the European Arrest Warrant

A European Arrest Warrant, except for the offenses referred to in Article 10 of this Act, can also be issued by the competent domestic authority for criminal offenses for which a prison sentence of at least one year or more has been prescribed or a final sentence of imprisonment of at least four months.

The competent authority will issue a European Arrest Warrant for the purpose of criminal prosecution if the person to whom the Warrant relates has been sentenced to pre-trial detention.

The body that issued the European Arrest Warrant must immediately revoke it when the requested person is surrendered, the statute of limitations for criminal prosecution or execution of the sentence has expired, and other reasons for which the European Arrest Warrant is no longer needed.

The right of a person against whom a European arrest warrant has been issued to a defense attorney

A person against whom a European arrest warrant has been issued in the Republic of Croatia has the right, after the arrest in the country of execution, to appoint a defense attorney in the Republic of Croatia of his choice. The appointed defense attorney in the Republic of Croatia has the right, in addition to the authority in accordance with the provisions of domestic criminal procedural law, to undertake all actions related to providing information and advice to the defense attorney of that person in the executing state with the aim of effectively exercising the rights of that person in the surrender process.

If the requested person in relation to whom the European Arrest Warrant has been issued has an ex-officio defense attorney appointed, the authority that issued the warrant upon receiving notification of the arrest of the requested person shall notify the competent authority of the executing state without delay. In the notification, the information about the veteran by official duty necessary for communication with the veteran is stated.

Upon receiving notification that the requested person wishes to appoint a defender in the Republic of Croatia, the authority that issued the order, in order to facilitate the selection, without delay submits to the competent authority of the executing state a list of lawyers who provide information and advice in proceedings under the European arrest warrant, compiled by the Croatian Bar chamber.

Content and form of the European arrest warrant

The European arrest warrant must contain the following information specified in the standard form (Appendix 1), which is an integral part of the Act on judicial cooperation in criminal matters in criminal matters in the member states of the European Union:

-identity and citizenship of the requested person,

- name, address, telephone and fax number, e-mail address of the authority that issued the order,

- proof of the existence of an enforceable judgment, arrest warrant or other enforceable court decision that has the same effect, in the sense of Article 2, point 8 and Articles 10 and 17 of this Law,

- the legal designation and legal description of the work, especially in terms of Articles 10 and 17 of this Act,

- a factual description of the crime, including the circumstances under which the crime was committed, the time and place of the crime, the degree of participation of the requested person in the commission of the crime,

- the type and amount of the criminal sanction imposed by a final judgment, i.e. the type and amount of the criminal sanction for the specific offense prescribed by domestic law,

- if possible, the consequences of the act

Rights of the requested person

Immediately after the arrest of a person wanted for the purpose of executing a European arrest warrant, the police will instruct that person in writing about the rights of the arrested person, which he exercises in accordance with the provisions of domestic criminal procedural law.

Upon arrest, the police will teach the requested person that he has the right to a defense attorney in the Republic of Croatia even when defense is not mandatory, with a warning that the decision to cover the costs of such an appointed defense attorney will depend on the later determined financial status of that person.

If the European Arrest Warrant has been issued for the purpose of criminal prosecution, the police will inform the requested person during the arrest that he has the right to request a defense attorney in the issuing country.

The police without delay informs the competent county court, which will appoint a defense attorney for that person, and the state attorney's office for the purpose of notifying the competent body of the issuing country about the request for a defense attorney in that state.