In an emergency (i.e., if there is direct danger to the safety of the victim or members of their family or household), if the court issues a decision imposing protective measures before initiating misdemeanor proceedings, the victim or another authorized prosecutor has to file an indictment within eight days from the day the decision was made. In cases where the victim or the authorized prosecutor fails to do so, the decision will be revoked.[5]
Generally, the documentation needed may depend on the type of case and on the type of protective measure sought.In general, yes. For instance, under Article 43(3) of the Criminal Code, the victim of a violent criminal offense, committed with intent, has the right to financial compensation from the state budget in accordance with the law.
However, there may be some issues with victims being granted these remedies. The following is indicated in the "Implementation of Croatia's Domestic Violence Legislation: Follow-up Report, 2016":[7]
The misdemeanor (including the LPDV) and criminal laws are mutually exclusive in Croatia and limit the remedies available for a victim and the accountability for a perpetrator. As a result, a victim of domestic violence cannot obtain remedies or protection under both the misdemeanor and criminal systems, and it is usually the police who determine whether they will apply the LPDV or Criminal Code after the victim reports the violence.
It has been reported that victims of domestic violence in Croatia have difficulties receiving financial remedies. Judges reportedly encourage survivors to seek remedies in a civil court rather than award them during criminal or misdemeanor proceedings.[8]Yes. According to Article 14(1) of the Croatian Law on Protection from Domestic Violence,[9] the court may impose protective measures referred to in Article 13 before initiating misdemeanor proceedings.
The court has to make these decisions without delay and no later than 24 hours from the submission of the motion. The decision is made after hearing the victim and the person against whom the protection order is sought.
The appeal (if filed) does not delay the execution of the decision. However, the decision may be revoked if the victim or another authorized prosecutor does not file an indictment within eight days from the day the decision was made, of which they are obliged to warn the victim. The court will notify the police immediately of lifting the protective measure.According to Article 12(3) of the Croatian Law on Protection From Domestic Violence, protective measures may be imposed ex officio.[10]
Additionally, at the proposal of the victim or another authorized prosecutor, the court may review the imposed protective measure even before the date of its expiration. In these cases, the court will examine the justification for imposing the measures and it may (i) replace the imposed measure with another one or (ii) revoke it (Article 12(4) of the PDVA).Yes. For instance, under Article 43(3) of the Criminal Code, the victim of a violent criminal offense, committed with intent, has the right to financial compensation from the state budget in accordance with the law. However, there may be some issues for the victims to get the remedies, as explained in Section 4.2.3.
According to the Criminal Code, additional rules apply when a child is a victim of a criminal offense. The child has the right to a proxy at the expense of state funds as per Article 44 (1)(1) of the Criminal Code.