The central authority in the Republic of Croatia for exchanging data with other Member States is:
Ministry of Justice of the Republic of Croatia
Directorate for criminal law and probation
Criminal law division
Records and pardons service
Criminal records unit
Ulica Grada Vukovara 49
Tel. +385 1 3714-223;
Tel. +385 1 3714-222
The Act on the Legal Consequences of Convictions, Criminal Records and Rehabilitation regulates the legal consequences of conviction, the organisation, keeping, availability, provision and deletion of criminal record data and international exchange of criminal record data, and rehabilitation.
Criminal records are organised and kept by the ministry responsible for the judiciary which is, at the same time, the central authority for the exchange of such data with other states.
Criminal records are kept for natural and legal persons who have been convicted of criminal offences by a final judgement in Croatia, as well as for Croatian citizens and legal persons domiciled in Croatia who have been convicted of criminal offences by a final judgement outside Croatia, if such data have been provided to the Ministry.
The Ministry records the data in the criminal records on the basis of data from final court decisions and other acts.
The Ministry provides criminal record data by issuing a certificate with the criminal record data. Criminal record data may only be used for the purposes for which they were issued.
The authority authorised to issue certificates confirming the absence of a criminal record in Croatia is the Ministry of Justice. Certificates confirming the absence of a criminal record may also be forwarded by the diplomatic representations of Croatia, specifically the embassies in the country where such a certificate is sought. If a person makes a request in person, the embassy will fulfil the request, which must be accompanied by a copy of the identity card or passport, and this will be charged by the embassy at the rate set for the service provided. A certificate may also be requested for another person on presentation of a power of attorney, along with the documents referred to above. Certificates confirming the absence of a criminal record intended for use abroad are issued on a standard form.
A natural person may request their own criminal record data, if necessary for the exercise of a right abroad or with an international organisation. Requests can be made via Obrazac [form] V a , which is an integral part of the Rules on criminal records.
Criminal record data are deleted on the basis of:
After their prison, juvenile prison or long-term prison sentence has been served, pardoned or has expired under the statute of limitations, or after paying a fine, convicted persons enjoy all the civil rights granted by the Constitution, law or other regulations and may acquire any rights except those limited by a security measure or effectiveness of the legal consequences of conviction.
If the offender is not reconvicted of another crime, rehabilitation is considered to be completed by force of law on expiry of the prescribed time limits.
Criminal record data are provided to countries outside the European Union in compliance with the provisions of international treaties or, in their absence, with the Act on International Legal Assistance in Criminal Matters.
Croatia exchanges criminal record data with other EU Member States in accordance with Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States, acting according to the principles of freedom, security and justice.
Criminal record data are sent electronically to other EU Member States using the criminal records database, which is linked to the European Criminal Records Information System (ECRIS), according to the forms and classifications (standardised formats) established by EU regulations.
To date, data exchanges have been launched with eight EU Member States: Austria, Czech Republic, Belgium, Spain, Germany, Sweden, France and Ireland, and preparations for data exchange testing with Poland and Italy are in the final stages.
Criminal record data on legal persons are provided to EU Member States in compliance with the provisions of international treaties or, in their absence, with the Act on International Legal Assistance in Criminal Matters.
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