'Reduction of national sentence following pre-trial detention - national proceedings' in document 'Croatia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER TWO (ii) – APPLICABILITY OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF CROATIA

Article 17

In the cases of the application of the criminal legislation of the Republic of Croatia, when the perpetrator has been deprived of his liberty in a foreign state due to a criminal offense, the time spent in pre-trial detention or imprisonment, or any other deprivation of liberty, shall be included in the sentence pronounced by the domestic court for the same criminal offense, and if the sentences are not of the same type, the inclusion shall be made in accordance with an equitable assessment of the court.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER FIVE (v) - PUNISHMENT AND SENTENCING

Article 63

(1) The time spent in pre-trial detention, as well as any other deprivation of liberty due to a criminal offense, shall be included in the pronounced sentence of imprisonment, long-term imprisonment, juvenile imprisonment or a fine.

(2) Imprisonment, a fine, or a fine for a contravention shall be included in the sentence for a criminal
offense if the description of such an offense corresponds to the contravention for which the sentence is pronounced.

(2) Imprisonment, a fine, or a ticket fine for a misdemeanour shall be included in
the sentence for a criminal offence if the description of such an offence corresponds to the misdemeanour for which the sentence is pronounced.

(3) The inclusion pursuant to the provisions of this Article means equating one day of pre-trial detention, a day of the second occasion of deprivation of liberty, a day of imprisonment or juvenile imprisonment and a fine equivalent to one daily income, or one day of imprisonment for a contravention. Every initial 300.00 Kuna of fine or a fine for a contravention shall be equated with one day of imprisonment.

(3) The inclusion pursuant to the provisions of this Article means equating one day
of pre-trial detention, one day of imprisonment, one day of long-term imprisonment or juvenile imprisonment or a fine equivalent to one daily income, with one day of the punishment for the criminal offence. One day of detainment, a fine or a ticket fine pronounced for the misdemeanour shall be equated with one day of imprisonment, pursuant to the provisions of the Misdemeanour Act.