5.1.1 When do the police get involved in domestic disputes or legal actions?
Police tend to charge it as a misdemeanor even when there is evidence of severe violence. The misdemeanor and criminal laws are mutually exclusive in Croatia, and they 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. Usually, the police determine whether they will apply the LPDV or Criminal Code after the victim reports the violence.
5.1.2 What circumstances effect law firm involvement?
The LPDV does not protect victims of domestic violence in an intimate partner relationship. Currently, the scope of the LPDV's protection does not encompass intimate partners who do not have children in common or who have not lived together for at least three years. Thus, many intimate or formerly intimate partners do not have access to the LPDV's remedies and protections; if they want to seek legal protection against domestic violence, they must pursue it as a private claim.
5.2.1 Is proof required by any legal means?
In 2011, the Croatian Parliament amended the 2008 Criminal Code and the amendments entered into force in 2013. Article 215A of the Criminal Code prohibiting domestic violence was eliminated and domestic violence was prosecuted as bodily injury, threats or sexual attacks. The 2013 law forced prosecutors to rely on bodily injuries and threat provisions, which effectively excluded long‐term domestic violence for which victims did not have proof of injuries or acts of coercive control that did not rise to criminal‐level threats.
5.2.2 Are there any requirements regarding evidence and documents?
Medical certificate requirements in Croatia prevent the prosecution of domestic violence offenses. Instead of relying on police reports or testimony regarding injuries, prosecutors now require medical certificates to pursue criminal charges for bodily injury. Survivors often face several barriers to obtaining a medical certificate. For example, the perpetrator may prohibit a survivor from visiting an emergency room or another doctor to obtain the certificate while their injuries are still visible. The perpetrator may also be present during the examination, preventing open communication between the survivor and the doctor or preventing them from requesting a medical certificate. Doctors may be hesitant to provide this documentation for fear that perpetrators will retaliate against them. Furthermore, expert testimony is needed to confirm during the trial that the victim sustained the injuries.
5.2.3 Is proof "beyond a reasonable doubt" required?
No. The Constitution of Croatia requires that everyone be presumed innocent and not be held guilty of a criminal offense until guilt is proven by a binding court judgment.
5.3.2 Is willful intent required?
No. Misdemeanors and applicable crimes can be committed by negligence.
5.3.3 Are false accusations punishable for the victim?
Yes. It might fall under defamation (Article 149 of the Criminal Code), falsely reporting a crime (Article 304 of the Criminal Code) or giving false testimony (Article 305 of the Criminal Code).
5.3.5 Is self-defense or insanity a defense?
Yes, as per Articles 21 and 24 of the Criminal Code. The only way a medical professional can document injuries sustained by an act of self-defense is if the victim goes to hospital and the medical professional signs a statement that their injuries were sustained by the victim defending themselves.
5.4.1 What is a witness's duty to testify honestly and completely?
Generally, a witness is bound to testify. Giving false testimony is a criminal offense, as stated in Article 305 of the Criminal Code.
5.4.2 Who may abstain from testifying in certain situations?
As per Article 285 of the Criminal Procedure Code, the following persons are exempt from the duty to testify:
- the defendant's spouse or common law spouse
- the defendant's linear relatives by blood, collateral relatives by blood to the third degree and relatives by affinity to the second degree
5.4.3 What potential "excuses" can a witness raise to refuse to testify in a domestic violence action?
It is claimed that the usual case is when the victim recants or invokes their right not to testify against their spouse.
5.4.4 What is the impact of domestic violence on witnesses who are children?
Yes. Where it is necessary to examine a child victim of domestic violence, the authorities will examine the child by applying the provisions of the law governing the criminal procedure on the specific method of examining children.
5.4.6 What is the effect of a child victim on the charges against the offender?
An act of domestic violence against or in the presence of a child is subject to heavier sentencing.
Anyone who commits an act of domestic violence in the presence of a child, a person with a disability or an older person will be punished for the offense with a fine of at least HRK 7,000 or imprisonment for at least 45 days.
If the domestic violence is committed to the detriment of a child, a person with a disability or an older person, the perpetrator will be punished for the offense with a fine of at least HRK 12,000 or imprisonment for at least 70 days.5.5.1 What are the penalties and sentencing laws for first-time domestic violence offenses?
Misdemeanor penalties for domestic violence protection are safeguards, a fine, imprisonment and other misdemeanor penalties prescribed by the law governing violations.
In addition to the protective measures prescribed by the Misdemeanor Act, the court may impose the following safeguards on the perpetrator of the domestic violence:
- mandatory psychosocial treatment
- prohibitions on rapprochement, harassing or stalking a victim of domestic violence
- exclusion from the common household
- mandatory treatment for addiction
5.5.3 What is the result of a violation of an existing order for protection?
An offender of domestic violence who does not comply with the imposed protective measures will be punished for the violation with a fine of at least HRK 3,000 or imprisonment for at least 10 days.
5.5.4 What fines and other penalties are imposed besides incarceration and liberty restriction?
According to the LPDV, the fine might rise to HRK 17,000 depending on the severity of the case, specifically the following:
- Those who commit violence (i.e., domestic violence) will be punished for the offense with a fine of at least HRK 2,000 or imprisonment for up to 90 days.
- Anyone who repeats the violence will be punished for the offense with a fine of at least HRK 6,000 or imprisonment for at least 30 days.
- Anyone who commits domestic violence in the presence of a child, a person with a disability or an older person will be punished for the offense with a fine of at least HRK 7,000 or imprisonment for at least 45 days.
- Anyone who repeats more severe acts of domestic violence will be punished for the offense with a fine of at least HRK 8,000 or imprisonment for at least 60 days.
- If the severe violence is committed to the detriment of a child, a person with a disability or an older person, the perpetrator will be punished for the offense with a fine of at least HRK 12,000 or imprisonment for at least 70 days.
- Anyone who continues to repeat severe acts of domestic violence will be punished for the offense with a fine of at least HRK 17,000 or imprisonment for at least 80 days.