Parliament on Amendments to the State Attorney’s Act

The Croatian Parliament will continue its session today with a discussion on the final text of the amendments to the State Attorney’s Act, which, in accordance with EU regulations, stipulate the obligation of the State Attorney’s Office (DORH) to cooperate with the competent prosecutors of two or more EU member states through joint investigation teams.

The government proposes to implement the EU Council Framework Decision on joint investigation teams into the law, which is also a European priority in the fight against drug and human trafficking and terrorism.

The Framework Decision states that one of the EU’s goals is to provide its citizens with a high level of security in the area of freedom, security, and justice. This goal aims to be achieved by preventing and combating crime through closer cooperation between police forces, customs services, and other competent authorities of member states.

Therefore, the EU Council has tasked member states with establishing joint investigation teams at the Union level, with member states deciding on the composition and purpose of such teams.

The law is also aligned with the Council Framework Decision on preventing and resolving disputes regarding the exercise of jurisdiction in criminal proceedings, which provides measures to prevent cases where parallel criminal proceedings are conducted against the same person, concerning the same facts, in different member states.

The proposed amendments also stipulate that DORH is obliged to maintain a unified record of all proceedings in which it represents the state before courts, administrative, and other bodies, as well as when, based on a special power of attorney, it represents companies owned or predominantly owned by the state in civil and administrative matters.

At the request of the government, a state body, or a represented company, DORH will be obliged to provide data from the records within 15 days of receiving the request, give an assessment of the likelihood of success in the dispute, and report on the status of the case, along with a notification to the Ministry of Justice.

The process of appointing state attorneys introduces the institute of the opinion of the Minister of Justice, and as a basis for the dismissal of a deputy state attorney, the failure to undergo the appropriate medical examination to assess the ability to perform the duties of a state attorney has been added.