Victims of crime have a number of rights in pre-trial and criminal proceedings, with particular protection being afforded to children and victims of crimes against sexual freedom and human trafficking

A victim of a crime has the right to:

• information that the police, the investigator, the state attorney's office (državno odvjetništvo) and the court have a duty to provide;
• effective psychological and other expert assistance and support from bodies, organisations and institutions that support victims of crime;
• participate in criminal proceedings as the injured party,
• be informed by the state attorney (državni odvjetnik) regarding action taken on the basis of the victim’s report, and to file a complaint to a senior state attorney (viši državni odvjetnik);
• state-funded specialist counselling if he/she suffers very severe psychosomatic damage or very serious consequences of the crime;
• file an associated action for damages;
• compensation in accordance with a separate law if he/she has suffered grievous bodily harm or serious deterioration of health as a result of violent crime.

A victim of a crime against sexual freedom or a crime of human trafficking has the following rights in addition to those mentioned above:

• to speak with a counsellor prior to being interviewed, with the cost being met by the budget;
• state-funded legal aid;
• to be interviewed by a person of the same sex at the police station or state attorney's office;
• to have a person of trust present during the interview;
• to refuse to answer unnecessary questions relating to his/her personal life;
• to ask to be interviewed via an audio-visual device;
• confidentiality of personal data;
• to demand the exclusion of the public from the hearing;
• to be informed of these rights by the court, state attorney and the police before the first interview.

If a child is the victim of crime, he/she has the following rights in addition to those mentioned above:

• state-funded legal aid;
• to be accompanied by a person of trust when participating in procedures;
• confidentiality of personal data;
• to be interviewed in his/her home or another specially equipped location instead of a court;
• the exclusion of the public;
• for the questioning to be conducted without the judge or parties present in the same room with the child, through audio-video devices operated by a professional assistant;
• for particular care to be taken during the interview so that the child’s mental health is not adversely affected.

Children are all persons under the age of 18 years.

Child witnesses and victims are to be examined by the investigating judge at the evidentiary hearing, and a child witness is to be subpoenaed through his/her parents or guardians.

Private prosecution

When a crime is reported, the state attorney will prosecute ex officio in most cases.

A private prosecution may be brought in the case of crimes for which criminal proceedings are launched on the basis of a private prosecution. The private prosecution must be brought within three months of the date when the authorised natural or legal person learned of the crime and the offender.

Associated action for damages

A victim of crime is also an injured party and is entitled to file an associated action for damages before the court.

Such an action may include the following claims:

• compensation for damages, which can be tangible or intangible (pain suffered, fear);
• return of belongings — if the injured party can prove that he/she was the owner or lawful holder;
• annulment of a specific transaction — if the crime resulted in a property transaction (if the defendant forced the victim to conclude a contract).

An associated action for damages may be filed in criminal proceedings or in separate civil proceedings against the defendant. If the action is filed during criminal proceedings, a prerequisite for its acceptance is that the court finds the defendant guilty.

That is not a prerequisite for the success of an action in civil proceedings.

Rights of injured parties during an investigation and in criminal proceedings

During an investigation the victims of a crime, as private prosecutors and injured parties, are entitled to present facts and move to introduce evidence that is material for ascertaining the crime, identifying the offender(s) and establishing their claims in the associated action for damages.

A victim who takes part in criminal proceedings as an injured party has the right to:

• use his/her own language, including deaf and deafblind sign language, and to the assistance of an interpreter if he/she does not understand or use Croatian, or to the assistance of a translator or sign language interpreter if he/she is deaf or deafblind;
• use his/her own language;
• file an associated action for damages and motions for temporary injunctions;
• a representative;
• present facts and move to introduce evidence;
• attend the evidentiary hearing;
• attend the proceedings, take part in the evidentiary proceedings and make a closing statement;
• access the case file;
• ask to be informed by the state attorney in respect of action taken on the basis of his/her report and file a complaint to a senior state attorney;
• appeal;
• file a motion to prosecute and bring a private prosecution;
• receive notice of the rejection of a criminal charge or of the decision of the state attorney not to prosecute;
• prosecute instead of the state attorney;
• seek restoration of the previous situation;
• receive notice of the outcome of the criminal proceedings.

The state attorney’s office and the court are obliged to examine, both before, and at each stage of, the criminal proceedings, whether there is any possibility of the accused making amends to the injured party for the damage caused by the crime. They are also obliged to inform the injured party of certain rights laid down by law (the injured party’s right to use his/her own language, the right to file an associated action for damages, etc.).

Right to financial compensation

The Act on Financial Compensation for Victims of Crime (Zakon o novčanoj naknadi žrtvama kaznenih djela) (Narodne Novine (NN; Official Gazette of the Republic of Croatia) Nos 80/08 and 27/11) lays down a right to financial compensation for victims of crime involving violence committed with intent in Croatia, or for their relatives under the conditions set out in that Act.

It establishes a right to financial compensation for victims of violent crime committed with intent and specifies the prerequisites and procedure for exercising the right to compensation, the bodies that take decisions and participate in the decision-making process on the right to compensation and the bodies and procedure in cross-border cases.

Victims of violent crime committed with intent have a right to financial compensation from the national budget.

The police, the state attorney's office and the courts are required to provide information on the right to compensation, supply the necessary application forms and, at the victim’s request, give general guidance and information on how to fill out an application and on the supporting documents that are required.

Applications for financial compensation must be submitted to the Ministry of Justice on the form which can be downloaded from the Ministry’s website.

Application form for financial compensation for victims of crime_hr   (223 Kb) 

Applications must be submitted within six months of the date on which the crime was committed. If there are legitimate reasons why a victim was unable to submit such an application within the deadline, he/she must do so within three months of the date on which those reasons cease to exist, and in any event within three years of the date on which the crime was committed.

If the victim is a minor or a person who has been stripped of contractual capacity and his/her legal representative did not submit an application within six months of the date on which the crime was committed, the period of six months starts to run from the person‘s eighteenth birthday or from the day on which criminal proceedings are launched after the victim has reached the age of majority or from the day when the person’s contractual capacity is restored.

Persons entitled to financial compensation:

• victims of crime involving violence who are citizens of the Republic of Croatia, citizens of a Member State of the European Union or permanently resident in the European Union, and if the crime was committed in Croatia;
• a victim who has suffered grievous bodily harm or whose health has deteriorated as a result of the crime (such a person is entitled to compensation for the costs of treatment, provided that it is not covered by mandatory health insurance, up to the amount of health insurance in the Republic of Croatia, and compensation for loss of earnings up to the amount of HRK 35 000);
• a person who is a close relative of the deceased victim (spouse or partner, child, parent, adoptive parent, adopted child, step-parent, step-child, same-sex partner, grandparent and grandchild if they belonged to the same household as the victim) (such a person is entitled to compensation of up to HRK 70 000 for the loss of statutory maintenance);
• in the event of the death of a victim, the person who paid the funeral expenses is entitled to compensation of up to HRK 5 000;
• if a crime is reported to or filed by the police or the public prosecutor's office within six months from the date on which it was committed, regardless of whether or not the offender is known.

When the amount of compensation is established, account is taken of the victim’s conduct during and after the crime or his/her contribution to the causing of the damage and to the extent of the damage, whether the person is an immediate victim and whether he/she reported the crime to the competent authorities and when. In addition, an assessment is made of the victim’s cooperation with the police and the competent authorities in order to bring the offender to justice, account being taken of whether the immediate victim helped to cause the damage or exacerbated the damage; in any of these cases the compensation to which the victim is entitled will be reduced accordingly. An application for compensation will be refused, or the amount reduced, if the victim is found to be involved in organised crime or a criminal organisation. Compensation may also be refused, or the amount reduced, if the granting of full compensation would be contrary to the principle of fairness, morality and public policy.

Notice of offender's release

When a defendant is sentenced to imprisonment, the Independent Service for Victim and Witness Support at the Ministry of Justice will inform the victim of the prisoner's release date (unconditional release and release on probation).

Statutory obligation to inform victims of prisoner release

In accordance with the provisions of the Act Amending the Execution of Prison Sentences Act (Zakon o izmjenama i dopunama Zakona o izvršenju kazne zatvora), the Independent Service for Victim and Witness Support at the Ministry of Justice is required to inform the victim, injured party or his/her family about the release of a prisoner.

Victims are notified of the release of a prisoner in cases of crimes against sexual freedom and sexual morality, life and limb or crimes involving violence.

The information mentioned above is provided to a victim, injured party or his/her family, irrespective of whether the prisoner is being released unconditionally or on probation.

Moreover, when a decision is being taken on the advisability of allowing a prisoner to leave prison for his/her place of permanent or temporary residence, penitentiaries/prisons may require the probation service to establish the attitude of the victim or the victim’s family to the crime that was committed. The Independent Service for Victim and Witness Support draws up reports for the probation service on the basis of its discussions with the victim.

Support for witnesses and victims

Support for victims and witnesses in the Republic of Croatia is coordinated by the Independent Service for Victim and Witness Support (Samostalna služba za podršku žrtvama i svjedocima) at the Ministry of Justice.

Victims and witnesses can obtain support and information on their rights and on procedures from the Victim and Witness Support Department of a court.

Such departments have been set up at seven county courts (županijski sudovi), namely in Zagreb, Zadar, Osijek, Vukovar, Split, Sisak and Rijeka. The departments provide victims (and witnesses) and persons accompanying them with emotional support, practical information and information on rights. Support is also provided by departments of competent municipal and misdemeanour courts (općinski and prekršajni sudovi).

Victims can also obtain information about their rights and the types of assistance available to them by calling the free phone number 116 006 of the National Call Centre for Victims of Crimes and Misdemeanours (see the website of the National Call Centre).

The Ministry of Justice also provides victims and witnesses with support and information about their rights, and inquiries may be sent via email to: zrtve.i.svjedoci@pravosudje.hr or to the website of the Croatian Ministry of Justice: https://pravosudje.gov.hr/

Support for victims and witnesses in cross-border cases

The Independent Service for Support to Victims and Witnesses, which has been set up at the Ministry of Justice, provides support and information to both witnesses and victims who are summoned through international legal assistance (including witnesses of war crimes).

Information letters are sent to witnesses who are summoned to give testimony at courts in the Republic of Croatia, or to Croatian witnesses who are summoned to appear before foreign courts.

Witnesses of war crimes are provided with physical protection, where necessary, and assistance for preparing their journey and their appearance before the competent judicial body (in the case of witnesses and other parties who are summoned for questioning in criminal proceedings relating to war crimes before competent judicial bodies in the Republic of Croatia, or outside Croatia when such support relates to a request for international legal assistance).

Click on the links below to find the information that you need

1 - My rights as a victim of crime

2 - Reporting a crime and my rights during the investigation or trial

3 - My rights after trial

4 - Compensation

5 - My rights to support and assistance

What information will I get from the authority after the crime occurred (e.g. police, public prosecutor) but before I even report the crime?

The Code of Criminal Procedure does not regulate the contents of the information sheet provided to the victim after the offence has occurred and before it is reported. Everyone has the right and option to contact the State Attorney's Office, where they can report a crime, deposit a statement, or make a submission on a matter falling within the State Attorney's remit. The individual contacting the Office will receive information on how to report the crime and other basic information on his/her rights and obligations.

Police officers are required to record the report of a crime that is prosecuted ex officio.

Furthermore, everyone is entitled to appropriate police protection if there are reasonable grounds for providing such protection.

Victim and witness support departments, which have been established by seven county courts, provide emotional support and information to victims, witnesses, and their families on their rights (including technical and practical information). Information and support are provided regardless of the stage of proceedings. The victim will receive information and support even if he/she fails to report the crime. Those departments also refer victims and witnesses to specialised civil society institutions and organisations, depending on their needs.

I don't live in the EU country where the crime took place (EU and non-EU citizens). How are my rights protected?

Provisions regulating the rights of victims and civil parties apply equally without regard for nationality because Croatian criminal legislation applies to anyone who commits a crime within Croatia’s borders. Parties to and participants in proceedings are entitled to use their mother tongue.

The police, the State Attorney's Office and the courts are required, under the Code of Criminal Procedure and the Victims of Crime (Financial Compensation) Act, to provide information to victims of crime on their rights under those acts. This means that the State Attorney's Office and the courts are required to examine the possibilities, both before criminal proceedings and during any stage thereof, for the individual charged to compensate the civil party for any loss/damage he/she may have suffered as a result of the offence, to inform the civil party of his/her right to use his/her mother tongue and to lodge a property-law claim (the right to compensation), verbally, in a language understood by the victim, or in writing, either in Croatian or in English. The State Attorney’s Office and the courts are also required to provide the victim, at his/her request, with general instructions and information on how to complete the claim and which supporting documents to submit. Information sheets containing information on the victim’s right to compensation are available in Croatian and English, as is the Claim for Compensation Form. These documents, in Croatian and English versions, can be downloaded from the website of the Croatian Ministry of Justice.

Any victim who reports a crime will receive information on his/her rights from the police. After informing the victim verbally, the police officer will hand out information in writing on the victim’s rights and any available information on services protecting and supporting victims. The latter include a number for the freephone victim support helpline.

For individuals without any knowledge of Croatian, a rights information sheet is available in other languages from the police.

Volunteers at the National Call Centre for Victims of Crimes and Misdemeanours(116-006) provide emotional support, information on rights and practical information. They also refer victims to other competent services and organisations to ensure they receive any additional information and other forms of support and assistance. This helpline is open from 8 am to 8 pm on weekdays and the staff can take calls in Croatian and English.

If I report a crime, what information will I receive?

a) The victim and civil party are entitled, within two months of pressing charges or reporting a crime, to request information from the State Attorney’s Office on the action taken in response to the charges/report. They will be informed by the State Attorney’s Office of the action taken within a reasonable time, no later than thirty days from the date of the request, unless the request jeopardises the effectiveness of the proceedings. The decision to withhold such information must be communicated to the victim or civil party making the request.

b) The State Attorney will suspend the investigation by a decision:

• if the offence with which the individual is charged is not an offence prosecuted ex officio;
• if the circumstances exclude the charged individual’s culpability, unless the unlawful act was committed in a state of mental incapacity;
• if the statute of limitations has expired for the crime or if the offence is subject to an amnesty or pardon, or if there are other circumstances proscribing prosecution; and
• if there is no evidence that the individual charged has committed the offence.

The decision to suspend the investigation is sent to the civil party and the individual charged, who will immediately be released if he/she has been placed in custody or on remand. In addition to the decision letter, the civil party will receive information, in accordance with Article 55 of the Code of Criminal Procedure, on how to pursue prosecution him/herself.

c) After examining the report and carrying out a check in the information system of the State Attorney's Office, the State Attorney will reject the report by a reasoned decision if it follows from the report itself:

• that the offence is not an offence that can be prosecuted ex officio;
• that the statute of limitations has expired for the offence, or that the offence is subject to an amnesty or pardon, or that the offence has already been finally adjudicated in court, or that there are other circumstances proscribing prosecution;
• that the circumstances exclude culpability;
• that there is no reason to believe that the suspect committed the offence reported; or
• that information in the report suggests that the report is not credible.

No appeals are allowed against the State Attorney’s decision to dismiss a report.

Unless otherwise stipulated by the Code of Criminal Procedure, the State Attorney will inform the victim of his/her decision to dismiss the report and provide his/her reasons for doing so within eight days. The State Attorney will also provide information on how the victim may pursue prosecution him/herself. The State Attorney will promptly inform the person who made the report and the individual charged of his/her decision to dismiss the report, if so requested by either party.

If the State Attorney cannot assess the credibility of allegations from the report itself or if information in the report fails to provide sufficient grounds for a decision to initiate an investigation or gather evidence, the State Attorney will conduct enquiries him/herself or instruct the police to do so.

d) The custody supervisor will release the individual arrested or detained immediately:

• if instructed to do so by the State Attorney;
• if the arrested individual was not interrogated within the statutory deadline; or
• if detention was cancelled.

e) The State Attorney will summon a witness or expert in writing to assist with evidence gathering. The summons may also be sent by the investigator on the State Attorney’s instructions. The court will summon a witness or expert to testify at an evidentiary hearing or attend a court hearing. The competent body will set in advance the time and place where evidence will be gathered. The person summoned will be warned of the consequences of any failure on his/her part to attend.

Am I entitled to free interpreting or translation services (when I contact the police or other authorities, or during the investigation and trial)?

A victim participating in criminal proceedings as the civil party is entitled to:

• use his/her mother tongue, including sign language, and request assistance from an interpreter if he/she does not understand or use Croatian, or from a sign language interpreter in case the civil party is deaf or deafblind.

How does the authority ensure that I understand and that I am understood (if I am a child; if I have a disability)?

Unless otherwise stipulated by a special law, the investigating judge will hear any child witness under 14 years of age. The hearing will take place without the judge or the parties being present in the same room as the child, using an audio-video device operated by a professional assistant. The hearing will be assisted by a psychologist, educator, or another professional person. The hearing may also be attended by a parent or guardian, unless this is contrary to the interests of the investigation or the child. The parties may put questions to the child witness through a professional, subject to the investigating judge’s approval. The hearing session will be recorded using an audio-video device and the recording will be sealed and appended to the minutes. The child witness may be summoned for a second hearing in exceptional circumstances only, with the same procedure being followed.

Unless otherwise stipulated by a special law, the investigating judge will hear any child witness aged 14-18. The child, especially if he/she is the victim of the offence, will be treated with consideration to ensure that the examination does not adversely affect the child’s psyche. Particular care will be taken to protect the child.

Any witness who cannot respond to a summons for reasons of old age, illness, or disability, may be heard in his/her own flat or other dwelling. Such witnesses may be heard using an audio-video device operated by a professional. If warranted by the witness’s condition, the examination will be conducted in such a way as to allow the parties to put questions to him/her without being present in the same room as the witness. If required, the hearing session will be recorded using an audio-video device and the recording will be sealed and appended to the minutes. This examination procedure will be followed if so requested by the victim of a sexual or human trafficking or domestic violence offence appearing as the witness. Such a witness may be summoned for a second hearing in exceptional circumstances only, if deemed necessary by the court.

Victim support services

Who provides victim support?

Victim and witness support departments, which have been established by seven county courts (Zagreb, Osijek, Split, Rijeka, Sisak, Zadar and Vukovar) provide support to victims and witnesses giving evidence at these courts and at the municipal courts of these cities/towns. These departments also provide support at misdemeanour courts in domestic violence cases and refer victims and witnesses to specialised civil society institutions and organisations, depending on their needs.

Information and support are provided by telephone and when the victim/witness enters the court building. Information is also provided by email.

For more information, please visit the following Croatian Ministry of Justice page:

https://pravosudje.gov.hr/o-ministarstvu/djelokrug-6366/iz-pravosudnog-sustava-6372/podrska-zrtvama-i-svjedocima/6156

Will the police automatically refer me to victim support?

When informing the victim of his/her rights, the police will hand out information in writing on the victim’s rights and any available information on services supporting victims. The latter includes a number for the freephone victim support helpline. The rights information sheet includes the contact details of:

• the competent victim and witness support department;
• the civil society organisations in the relevant county;
• the National Call Centre for Victims of Crimes and Misdemeanours (116-006);

How is my privacy protected?

Competent authorities may collect personal information only for purposes laid down by law, as part of their operations set out by the Code of Criminal Procedure.

Personal information may be processed only when specified by a law or another regulation, and such processing must be limited to the purpose for which the information has been collected. Any further processing of such information is permitted, unless it is contrary to the purpose for which the information has been collected, and provided the competent bodies are authorised to process such information for another purpose laid down by law and the further processing is necessary and commensurate with the other purpose.

Personal information relating to someone’s health or sexual life may be processed in exceptional cases only, where the criminal offence, which is subject to a five-year custodial sentence or a stricter one, could not be detected or prosecuted in any other way, or where detection/prosecution would be fraught with disproportionate difficulties.

No processing of personal information relating to race or ethnicity, political persuasion, religious or philosophical belief, or trade union membership, is permitted.

Personal information collected for the purposes of criminal proceedings may be forwarded to government bodies in accordance with a special law, and to other legal entities, only if the State Attorney’s Office or the court finds they require such information for a purpose laid down by law. When such information is forwarded, the relevant legal entities will be reminded of their duty to protect the information of the persons to whom it relates.

Personal information may be used, in accordance with the regulations, in other criminal proceedings, in other proceedings dealing with punishable acts that are conducted in Croatia, in procedures relating to international criminal justice assistance, and in international police cooperation efforts.

Do I have to report a crime before I can access victim support?

The victim will receive information and support from the victim and witness support department of the relevant court or civil society organisation even if he/she fails to report the crime.

Personal protection if I'm in danger

In accordance with Article 99 of the Police Tasks and Powers Act, the police will, unless stipulated otherwise by a special law, and for the period of time there are reasonable grounds for such action, ensure appropriate protection for the victim and any other person who has provided or may provide information relevant to the criminal proceedings, or for any person close to them, if they or persons close to them are at risk of danger from the offender or other individuals involved in the criminal proceedings. Victim protection provided by the police means 24-hour physical protection.

What types of protection are available?

In accordance with Article 130 of the Misdemeanours Act, the police may, temporarily and for up to eight days, order a precautionary measure against an individual reasonably suspected to have committed the offence. In practice, this usually translates into injunctions prohibiting the suspect from visiting a particular place or area (eviction from the victim’s home), approaching a particular person, or making or maintaining contact with a particular person. Within eight days the police will file charges with the competent misdemeanour court, which will then make a decision as to whether to suspend or extend the precautionary measure instigated. In addition, during the misdemeanour proceedings, the court may, under the Domestic Violence (Protection) Act, order the following measures to be taken against the offender:

1. compulsory psychosocial treatment;
2. an injunction prohibiting the offender from approaching, harassing, or stalking the victim of domestic violence;
3. eviction from the shared home;
4. compulsory treatment for substance abuse.

Under the Misdemeanours Act, the court may also resort to other protective and precautionary measures designed to protect the victim from being approached or harassed by the suspect.

Furthermore, in accordance with the Code of Criminal Procedure, the court and the State Attorney may, instead of remanding the individual charged in custody, order one or more precautionary measures, including an injunction to prohibit the offender from visiting a particular place or area, from approaching a particular person, from making or maintaining contact with a particular person,  or an injunction prohibiting the offender from stalking or harassing the victim or another person, or eviction from the victim’s home.

Who can offer me protection?

The victim can obtain information from the police about all his/her rights, including information on his/her right to protection, the types of protection offered, and on action to be taken by the police to protect the victim.

Will someone assess my case to see if I am at risk of further harm by the offender?

Once the investigation has been completed and the relevant documents have been submitted to the competent criminal justice bodies, the police will no longer assess the victim’s needs except to carry out any of the protective or precautionary measures ordered. If reports of new circumstances are received pointing to a renewed threat from the offender, the police will take further action to protect the victim in line with its assessment and the facts of the case.

Will someone assess my case to see if I am at risk of further harm by the criminal justice system (during investigation and trial)?

The criminal justice system (during investigative and court proceedings) operates in such a way as to respect the victim’s rights and his/her status in the criminal proceedings, in accordance with the Code of Criminal Procedure. Before examining the victim, the prosecuting body conducting the investigation will assess the victim’s situation in cooperation with bodies, organisations or institutions that provide support and assistance to victims of crime. Assessing the victim’s situation includes determining the need to apply special protection measures for the victim’s benefit. If such a need exists, the prosecuting body will determine the protection measures to be applied (special questioning arrangements for the victim, the use of communication technologies to prevent any visual contact between the victim and the offender, and other measures laid down by law). Where the victim of a crime is a child, the need to apply special protection measures will be presumed and special protection measures will be determined. The assessment of the victim’s situation takes particular account of the victim’s personal characteristics, the type and nature of the offence, and the circumstances in which the offence was committed. Special attention will be paid to victims who have suffered major harm because of the gravity of the offence, victims of an offence committed because of the victim’s particular personal characteristics, and victims whose relationship to the offender makes them particularly vulnerable.

What protection is available for very vulnerable victims?

The criminal justice system (during investigative and court proceedings) operates in such a way as to respect the victim’s rights and his/her status in the criminal proceedings, in accordance with the Code of Criminal Procedure. Before examining the victim, the prosecuting body conducting the investigation will assess the victim’s situation in cooperation with bodies, organisations or institutions that provide support and assistance to victims of crime. Assessing the victim’s situation includes determining the need to apply special protection measures for the victim’s benefit. If such a need exists, the prosecuting body will determine the protection measures to be applied (special questioning arrangements for the victim, the use of communication technologies to prevent any visual contact between the victim and the offender, and other measures laid down by law). Where the victim of a crime is a child, the need to apply special protection measures will be presumed and special protection measures will be determined. The assessment of the victim’s situation takes particular account of the victim’s personal characteristics, the type and nature of the offence, and the circumstances in which the offence was committed. Special attention will be paid to victims who have suffered major harm because of the gravity of the offence, victims of an offence committed because of the victim’s particular personal characteristics, and victims whose relationship to the offender makes them particularly vulnerable.

I am a minor – do I have special rights?

If the victim of a crime is a child, he/she has the following additional rights in addition to the victim’s ordinary rights:

1. the right to be represented by an authorised person, with the cost of such representation being funded from the government budget;
2. the right to have his/her personal information treated confidentiality;
3. the right to have the public excluded.

A child is any person under 18 years of age.

A child witness or victim is examined by the investigating judge at an evidentiary hearing, and the summons is sent to his/her parents or guardians.

My family member died because of the crime – what are my rights?

Under the Victims of Crime (Financial Compensation) Act, when the direct victim dies as a result of a violent crime, the indirect victim (the spouse, partner, parent, foster child, foster parent, stepmother, stepfather or stepchild of the direct victim or the person with whom the direct victim lived in a same-sex relationship) is entitled to financial compensation as prescribed by the Victims of Crime (Financial Compensation) Act.

The indirect victim who was supported by the deceased (direct) victim is entitled to compensation of no more than HRK 70 000 as a result of the loss of statutory maintenance and to compensation of no more than HRK 5 000 in respect of normal funeral expenses where he/she has paid them.

Any person whose family member lost his/her life as a victim of a crime is entitled, as the civil party, to participate in the criminal proceedings and claim compensation (whether in criminal or civil proceedings).

My family member was a victim of crime – what are my rights?

The indirect victim is considered to be the spouse, partner, child, parent, foster child, foster parent, stepmother, stepfather or stepchild of the direct victim or the person with whom the direct victim lived in a same-sex relationship.

The indirect victim is also considered to be the grandfather, grandmother, or grandchild, if one of them is the direct victim, provided that the three shared a joint household for an extended period and that the grandfather and grandmother stood in for the parents.
Cohabitation and same-sex relationships will be interpreted according to Croatian regulations.

If the victim of a crime has lost his/her life, indirect victims are entitled to compensation (as a result of the loss of statutory maintenance and in respect of normal funeral expenses).

Can I access mediation services? What are the conditions? Will I be safe during mediation?

Croatia operates the victim-offender mediation model in pre-criminal proceedings for minor and young adult offenders. This is part of the conditional discretion system. In so doing, it observes the provisions of the Juvenile Courts Act governing the special obligation for minor and young adult offenders to engage in the mediation process through out-of-court settlement. In other words, if the minor offender complies with this obligation, he/she will be spared from standing trial.

Since 2013, Croatia has had a total of 60 mediators, who received their training in a one-year programme consisting of 170 teaching hours (comprising lectures, assignments, roleplay and practical mentoring exercises, and supervision). They are the only professionals in Croatia authorised to administer restorative justice in criminal cases and they received their certificates from the Croatian Ministry of Social Policy and Young People, the Out-of-Court Settlement Association, and UNICEF.

As a result, the central town of each Croatian county operates its own out-of-court settlement service.

Where can I find the law stating my rights?

The Code of Criminal Procedure
The Victims of Crime (Financial Compensation) Act

How do I report a crime?

Crimes can be reported by filing a criminal complaint in written, verbal or other form with the competent state attorney’s office.

Individuals filing a criminal complaint verbally are warned of the consequences of filing false complaints. Verbal complaints are recorded. Complaints filed by telephone or other telecommunication means are recorded, where possible, and an official note is drawn up.

When filing a complaint, victims are provided with a written acknowledgement of receipt of the complaint, which contains the basic details of the crime. Victims who do not speak or understand the language used by the competent body may report the crime in their own language and are provided with an interpreter or another person who speaks and understands both the official and the victim’s languages. Victims who do not speak or understand the language used by the competent body may request to have the acknowledgement translated into their language at the body’s expense.

All criminal complaints received by courts, the police, or state attorney’s offices outside the area of jurisdiction are immediately forwarded to the competent state attorney’s office.

The state attorney duly enters the criminal complaint in the register of criminal complaints at the time of its receipt, except in cases exempted under law.

Where the state attorney has only heard news of a crime or received a report from the victim, he/she draws up an official note, records it in the register of miscellaneous offence cases and proceeds as provided for by law.

If the criminal complaint contains no details of the crime, i.e. if the state attorney cannot identify the offence reported, he/she records it in the register of miscellaneous offence cases and asks the person filing the complaint to provide additional information within 15 days.

If the person filing the complaint ignores the request for additional information, the state attorney draws up an official note of this. Once the deadline for submitting additional information has expired, the state attorney must report this to a senior state attorney within eight days. The senior state attorney may order the criminal complaint to be entered in the register of criminal complaints.

How do I find out what’s happening with the case?

Two months after filing a criminal complaint or reporting a crime, the victim or the injured party may send the state attorney a request for information on the action taken in response to the complaint/report. The state attorney must reply within a reasonable period but no later than 30 days from the date of receipt of the written request, except where such a reply could harm the proceedings. If the state attorney decides not to provide this information, he/she must inform the victim/injured party thereof.

A victim participating in criminal proceedings as an injured party has the right to be informed of the outcome of the proceedings.

Am I entitled to legal aid (during the investigation or trial)? Under what conditions?

In addition to the above rights, victims of sexual crimes and human trafficking have the right to free consultation with a legal adviser and may be assigned a representative before being interviewed. The cost of the adviser/representative is borne by the State.

Child victims have all of the above rights as well as the right to an authorised representative, the cost of which is borne by the State.

Crime victims have the right to primary and secondary legal aid. Such aid is provided free of charge to victims of violent crimes in the course of proceedings so that they may obtain compensation for the harm/injury they have suffered as crime victims.

The Free Legal Aid Act makes provision for primary and secondary legal aid.

Primary legal aid covers general legal information, legal advice, submissions to public bodies, the European Court of Human Rights and international organisations in accordance with international treaties and internal rules of procedure, representation in proceedings before public bodies, and legal assistance in out-of-court dispute settlements.

Primary legal aid can be provided in every legal matter:

• if the applicant does not have the knowledge or aptitude to assert his/her rights;
• if the applicant has not received legal aid under separate regulations;
• if the application submitted is not manifestly unfounded;
• if the applicant’s economic situation is such that the payment of legal aid would jeopardise his/her subsistence or that of the members of his/her household.

Applicants seeking primary legal aid should contact a provider of primary legal aid directly.

Secondary legal aid covers legal advice, submissions in a procedure for protecting workers’ rights before the employer, submissions in court proceedings, representation in court proceedings, legal aid in amicable dispute settlements, and exemption from the payment of legal costs and court fees.

Secondary legal aid may be awarded:

1. if the proceedings are complex;
2. if the applicant is incapable of representing him/herself;
3. if the applicant’s economic situation is such that the payment of legal aid would jeopardise his/her subsistence or that of the members of his/her household.;
4. if litigation is not excessive;
5. if the applicant has not had his/her application rejected within the past six months for intentionally supplying inaccurate information; and
6. if the applicant has not received legal aid under separate regulations.

Secondary legal is approved without a prior assessment of the applicant’s economic situation, if the applicant is:

1. a child taking part in maintenance proceedings;
2. a victim of violent crime seeking compensation for the harm/injury suffered as a result of the offence;
3. a beneficiary of maintenance payments under separate regulations on social security rights, or
4. a beneficiary of a cost of living allowance under the Act on the rights of Croatian Independence War veterans and their family members and the Act on the protection of military and civilian war veterans.

Applicants seeking secondary legal aid must submit their application to the competent office on a dedicated form.

Can I claim expenses (for taking part in the investigation/trial)? Under what conditions?

Defendants found guilty are ordered by the court to cover the costs of litigation, unless they are eligible for a full or partial exemption.

When criminal proceedings are suspended or when the court acquits the defendant or drops the charges, the court’s decision/ruling must provide that the cost of the criminal proceedings under Article 145(2)(1-5) of this Act, the unavoidable costs incurred by the defendant and the unavoidable costs by, and compensation due to, the defence attorney are to be borne by the State, except where otherwise provided by law.

Can I appeal if my case is closed before going to court?

Victims whose criminal complaints have been rejected may pursue criminal prosecution themselves.

If the state attorney finds that there is no basis for prosecuting an offence prosecutable ex officio or a reported individual, he/she must inform the victim about this within eight days and instruct the victim that they may pursue prosecution themselves. The same must be done by a court that has stopped proceedings because the state attorney had dropped prosecution in other cases.

Can I be involved in the trial?

Under this Act, the injured party to criminal proceedings has the right to:

• use his/her mother tongue, including sign language, and request an interpreter, if he/she does not speak or understand Croatian, or a sign language interpreter, if the injured party is deaf or deafblind;
• file an associated action for damages and motions for temporary injunctions;
• legal representation;
• present facts and move to introduce evidence;
• attend the evidentiary hearing;
• attend the proceedings, take part in the evidentiary proceedings and make a closing statement;
• request access to the case file under Article 184(2) of this Act;
• ask to be informed by the state attorney in respect of action taken on the basis of his/her criminal complaint and file a complaint to a senior state attorney;
• appeal;
• seek restoration of the previous situation;
• receive notice of the outcome of the criminal proceedings.

What is my official role in the justice system? For example, am I or can I choose to be a: victim, witness, injured party, or private plaintiff?

Victims of crime are natural persons who have suffered physical or psychological harm, property damage or a serious violation of his/her fundamental rights and freedoms as a direct consequence of the crime. The spouse, partner, life partner, informal life partner, descendant(s), or in the absence of the latter, ascendant(s) or sibling(s) of the person whose death is directly attributable to the crime, and any person(s) legally maintained by the deceased is also considered to be victim of that crime.

An injured party is a crime victim or a legal person that has suffered damage as a result of the crime and participates in criminal proceedings in the capacity of an injured party.

The capacity of a party to or participant in the proceedings does not depend on that person’s wish, but on the role the person played in the specific criminal matter. Anyone can appear in any of the above roles, depending on the circumstances laid down by the regulations; the choice that they have concerns the rights they wish to exercise as an injured party or crime victim.

What are my rights and obligations in this role?

A victim of crime has the right to:

• access support services for crime victims;
• effective psychological and other professional assistance and support from bodies, organisations, and institutions supporting victims of crime, in accordance with the law;
• protection from intimidation and retaliation;
• protection of his/her dignity while giving evidence as the victim;
• be heard without undue delay after filing a criminal complaint and to subsequently be interrogated no more than is absolutely necessary for the purpose of the criminal proceedings;
• be accompanied by a person of trust in whatever actions he/she takes part;
• endure minimal medical procedures and only if these are absolutely vital for the purpose of the criminal proceedings;
• file a motion to prosecute or bring a private action under the Criminal Code, to participate in criminal proceedings as an injured party, to be informed about the dismissal of a criminal complaint (Article 206(3) of the Act) and about the decision of the state attorney to take no action, and to pursue prosecution individually without the state attorney;
• be informed by the state attorney on the action taken on the basis of his/her complaint (Article 206a of the Act), and to lodge a complaint with a senior state attorney (Article 206b of this Act);
• request and receive information without undue delay on the release of the offender from detention or remand, the offender’s escape or release from prison, and on measures taken to ensure the victim’s protection;
• request and receive information on any final decision terminating the criminal proceedings;
• other rights as provided for by law;

A victim participating in criminal proceedings as an injured party has the right to:

• use his/her mother tongue, including sign language, and request an interpreter, if he/she does not speak or understand Croatian, or a sign language interpreter, if the injured party is deaf or deafblind;
• file an associated action for damages and motions for temporary injunctions;
• legal representation;
• present facts and move to introduce evidence;
• attend the evidentiary hearing;
• attend the proceedings, take part in the evidentiary proceedings and make a closing statement;
• request access to the case file in accordance with the Code;
• ask to be informed by the state attorney in respect of action taken on the basis of his/her criminal complaint and file a complaint to a senior state attorney;
• appeal;
• seek restoration of the previous situation;
• receive notice of the outcome of the criminal proceedings.

In addition to the above rights, victims of sexual crimes and human trafficking have additional rights as listed in point 12.

If the victim of a crime is a child, he/she is has additional rights, as listed in point 13, in addition to the abovementioned victims’ rights.

During the investigation stage, crime victims who are private plaintiffs or injured parties may draw attention to all facts and introduce evidence that is material for ascertaining the crime, identifying the offender(s) and establishing their claims in the associated action for damages.

Both before and at any stage during the criminal proceedings, the State Attorney’s Office and the court must consider the possibility that the defendant may compensate the injured party for any loss caused by the offence. They must also inform the injured party of certain rights under law (e.g. the injured party’s right to use his/her mother tongue, the right to file an associated action for damages, etc.).

Persons who are likely to have information on the offence, the offender or other pertinent circumstances can be summoned as witnesses.

The following may be asked to stand witness: the injured party, the injured party as a prosecutor, and the private plaintiff.

A private plaintiff has the same rights as the state attorney with the exception of the rights belonging solely to a state authority.

Can I make a statement during the trial or give evidence? Under what conditions?

The injured party in criminal proceedings has the rights listed in point 25.

What information will I receive during the trial?

During the investigation stage, crime victims who are private plaintiffs or injured parties may draw attention to all facts and introduce evidence that is material for ascertaining the crime, identifying the offender(s) and establishing their claims in the associated action for damages.

A victim participating in criminal proceedings as an injured party has the right to:

• ask to be informed by the state attorney in respect of action taken on the basis of his/her report and file a complaint to a senior state attorney;
• be informed that the criminal complaint has been dismissed or that the state attorney has decided to take no action;
• receive notice of the outcome of the criminal proceedings.

Will I be able to access court files?

A victim participating in criminal proceedings as the injured party may access the case file.

Can I appeal against the ruling?

Victims participating in criminal proceedings as an injured party may appeal the ruling.

Authorised persons may appeal against a first-instance ruling within 15 days of the date of service of a copy of the ruling.

An appeal may be lodged by either litigant, the defence attorney or the injured party.

The injured party may appeal against the ruling on the grounds of the court’s decision regarding the costs of the criminal proceedings or the claim for damages. However, if the state attorney has taken over prosecution from the injured party acting as private prosecutor, the latter may appeal on any grounds on which a ruling may be challenged.

What are my rights after sentencing?

Victims participating in criminal proceedings as an injured party may lodge an appeal and seek restoration of the previous situation.

Am I entitled to support or protection after the trial? For how long?

Victims and witnesses can turn to specialised departments of county courts for information and support at any point during criminal (or misdemeanour) proceedings, but before the ruling has been issued.

If victims or witnesses turn to these victim and witness support departments after the ruling has been issued, the departments will provide them with information consistent with their remit, and refer them to other organisations and services specialising in victims’ or witnesses’ needs.

The Independent support service for victims and witnesses of the Ministry of Justice provides victims, injured parties or their families with information on the offender’s release from prison (automatic or conditional release). This information is provided to all victims of, and injured parties following, serious offences, such as crimes against life and limb, sexual crimes, violent crimes or war crimes.

In exceptional cases, when the Independent service finds that a victim of prolonged domestic violence or violence against women requires coordinated additional support, it informs the coordinator of the County team for preventing and combating domestic violence and violence against women of the interview conducted with the victim and the problems he/she faces, and asks that the County Team take appropriate action. Where appropriate, this information is also forwarded to the competent police department and the competent social welfare centre, if the victim (child/person) is deprived of legal capacity, or to the competent probation office, if the offender has been released conditionally and is required to report regularly to the probation office.

In exceptional cases, when the Independent service concludes on the basis of information gathered from the victim (of a crime other than those mentioned above) that the victim requires urgent additional support and protection, it may request action from the competent police department subject to the victim’s consent.

Victim support is also provided by civil society organisations, immediately after the offence is committed, during the criminal proceedings, and after the trial, i.e. or after a final ruling has been issued. Support and assistance provided by civil society organisations depends on their remit.

What information will I be given if the offender is sentenced?

A written ruling with instructions on legal remedies is served on the plaintiff, the defendant and his/her defence attorney, the injured party (if the latter has the right to appeal), the party whose property has been confiscated by the ruling and the legal entity from which the proceeds are to be confiscated.

An injured party who does not have the right of appeal will be served the ruling as provided for by law, together with a note on his/her right to seek restoration of the previous situation. The final ruling is served on the injured party on request.

Will I be told if the offender is released (including early or conditional release) or escapes from prison?

Under the Criminal Procedure Act, the victim has the right to be informed by the police, without delay, of the end of detention or remand for the offender, except where such disclosure might put the offender at risk. The victim is also informed of the measures taken to protect him/her, where such measures have been ordered.

Penitentiaries and prisons do not inform the Independent support service for victims and witnesses of escaped prisoners, but send a notification of the offender’s escape to police only; however, the law is soon to be amended.

Victims have the right to be informed, on request, of the offender’s release from detention or remand and his/her escape or release from prison, and of the measures taken in the interest of the victim’s safety.

Victims of serious crimes, i.e. crimes against life and limb, sexual crimes, violent crimes and war crimes, are informed of the offender’s automatic or conditional release.

Will I be involved in release or parole decisions? For example, can I make a statement or lodge an appeal?

Any statement made by the victim of a violent crime and other relevant information pertaining to the victim are taken into account when a decision is considered to potentially allow the offender the benefit of spending weekends outside a penitentiary or prison. The victim’s statement forms part of the conditional release file. However, the regulations currently in force do not provide for the victim to be involved in a conditional release decision and/or appeal against that decision.

What is the process for claiming damages from the offender? (e.g. court case, civil claim, adhesion procedure)

Under specific regulations, victims of crimes punishable by imprisonment of five or more years, who have suffered severe psychophysical trauma or have been seriously affected by the crime, have the right to a counsellor before giving testimony in criminal proceedings or filing a claim for damages; the counsellor's fees are to be borne by the government.

Claims for damages in criminal proceedings may be filed by persons authorised to pursue such claims in civil actions.

Crime victims filing a claim for damages must indicate whether they have obtained compensation or filed a claim for damages.

The court ordered the offender to pay me damages/compensation. How do I make sure the offender pays?

Once the decision on a claim for damages becomes final and enforceable, the injured party may request the court that issued the decision in first-instance proceedings to provide issue him/her with a certified copy of that decision, with an indication that the latter is enforceable.

If the decision does not lay down a deadline for compliance, the obligation imposed by the decision must be fulfilled within 15 days of the decision becoming final. After this deadline the fulfilment of the obligation becomes subject to enforcement.

If the offender does not pay, can the state pay me an advance? Under what conditions?

A victim of an intentional crime may be compensated from the State budget under a specific act. Where the victim has won a claim for damages, the amount of compensation depends on the amount awarded; the court deciding on the claim for damages will take the same action where the victim has already been compensated from the State budget.

Am I entitled to compensation from the state?

Victims of intentional violent crimes committed in Croatia after 1 July 2013 are eligible for compensation:

• if they are citizens or residents of Croatia or another EU Member State;
• if they have suffered grievous bodily harm or serious deterioration of health as a result of the crime;
• if the crime is reported to or filed by the police or the public prosecutor's office within six months from the date on which it was committed, regardless of whether or not the offender is known;
• if they have submitted a request on an official form, along with the requisite documentation (the form can be obtained at any police station, public prosecutor’s office or municipal or county court; it is also available online, on the websites of the Ministry of Justice, the Ministry of the Interior, the Public Prosecutor and municipal and county courts.

The victim has the right to be compensated:

• the costs of medical treatment in accordance with the national ceilings; this compensation is only granted where the victim cannot be compensated under a health insurance cover;
• up to HRK 35 000 for lost earnings.

Am I entitled to compensation if the offender is not convicted?

The victim may be awarded compensation even if the perpetrator is unknown or if criminal proceedings have not been initiated.

Am I entitled to an emergency payment while I wait for the decision on my compensation claim?

Emergency payments are not provided for by Croatian law.

I am a victim of crime. Who do I contact for support and assistance?

Victim support helpline

The national support helpline for victims of crime and minor offences (116-006) provides emotional support, information on victim’s rights and guidance as to which bodies and organisations can provide further information, assistance and support.

The helpline is a freephone service,

available in Croatian and English, weekdays from 8.00 to 20.00.

The national support helpline for victims of crime and minor offences (116-006) is a general support service.

More information is available on: http://pzs.hr/

Other specialised civil society organisations also provide support and assistance to victims of certain crimes and to children via telephone. More information and the list of these organisations by county is available on the website of the Croatian Ministry of Justice.

List of organisations providing nationwide psychosocial and legal assistance:

Is victim support free?

Yes.

What types of support can I receive from state services or authorities?

Victim and witness support departments provide:

1. emotional support;
2. information on rights;
3. technical and practical information for victims, witnesses and their family members;
4. referrals to specialised civil society institutions and organisations depending on the needs of the victim/witness.

The victim and witness support departments of county courts provide:

The Independent Victim and Witness Service of the Croatian Ministry of Justice provides information on rights and emotional support in addition to specific information relating to victim and witness support. Support is also provided to victims and witnesses invited to give evidence in Croatian courts through the international legal assistance mechanism, and to Croatian victims and witnesses invited to give evidence in foreign courts through said mechanism. The Independent Service sends victims and witnesses information letters with contact information, and informs them of the offender’s release from prison (automatic and conditional release). It is also responsible for determining the level of financial compensation awarded to victims of crime.

What types of support can I receive from non-governmental organisations?

Depending on the type of organisation and its remit, various types of assistance and support are available: psychological, emotional, legal, practical, accommodation, medical, security, and in-court support.

More information and the list of these organisations by county is available on the website of the Croatian Ministry of Justice.

Twelve probation offices are in the process of being established in Croatia. The purpose is to add a human dimension to the enforcement of criminal sanctions, ensure a more efficient reintegration of offenders into society, and provide victims, injured parties and their respective families with assistance.

The National Probation Service will participate in preparations to resettle offenders in the community after they have been released from prison. This includes helping them to find accommodation and work and preparing them, as well as the victim(s), injured party(ies) and their family(ies), for the offender’s release. The Service also makes arrangements for the provision of psychosocial support to victims, injured parties and the victims’ and offender’s families.

Where the offender to be released is serving a sentence for a sexual offence, an offence against life and limb or a violent offence, the Probation Service is required to inform the victim(s), injured party(ies), and their family(ies) in an appropriate manner and without delay.

The contact details of individual probation offices and the Probation Department of the Ministry of Justice are available here.

Victims of crime can contact the police by email policija@mup.hr or prevencija@mup.hr, or by dialling 192 (24/7) or +385 1 3788 111.