Croatia

Criminal Code

CROATIA CRIMINAL CODE

GENERAL PART

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

Article 15

(1) When, in the case of the applicability of the criminal legislation of the Republic of Croatia pursuant
to Article 13 of this Code, criminal proceedings have commenced or are terminated in a foreign state, criminal proceedings in the Republic of Croatia shall be instituted only upon approval of the State Attorney of the Republic of Croatia.

(2) Exceptionally, when a final judgement of a state party to the Convention implementing the Schengen Agreement, according to which an imprisonment was served or is being served, or the serving is not possible according to the Act on Serving Prison Sentence, is related to a crime partially committed in the territory of that state, criminal proceedings in the Republic of Croatia may not be instituted even upon approval of the State Attorney of the Republic of Croatia.

(2) When, in the case of the applicability of the criminal legislation of the Republic of Croatia pursuant to Article 13 of this Code, the perpetrator of a criminal offense is an alien, criminal proceedings may, under conditions of reciprocity, be ceded to the foreign state.

(3)The decision on ceding criminal proceedings in the case referred to in paragraph 2 of this Article shall be passed by the State Attorney of the Republic of Croatia.

Keywords

Ne bis in idem
Ne bis in idem - foreign court



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