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Procedural Rights of Suspects and Accused Persons in Croatian Criminal Proceedings in the Light of the EPPO Regulation

This paper analyses the procedural rights of suspects and accused persons in EPPO proceedings in the Republic of Croatia. Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office does not elaborate defence rights in detail, but leaves this matter to national law which has to comply with the EU Charter of Fundamental Rights and with the adopted directives on the procedural rights of suspects and accused persons. Following the wording of Articles 41 and 42 of the Regulation which address procedural safeguards in the EPPO proceedings, the author will give an overview of the procedural rights guaranteed in the directives on procedural rights, on their transposition into Croatian criminal procedure law, and will indicate the shortcomings and potential obstacles which could arise in EPPO proceedings. After some introductory remarks on the tendencies in Croatian criminal procedure law, an analysis will be made of the right to interpretation and translation, the right to information, the right of access to a lawyer and to legal aid, the right to remain silent and to be presumed innocent, as well as the right to gather evidence. Finally, the judicial review of procedural acts of the EPPO under the Croatian criminal procedure law will be examined.

European Public Prosecutor ; judicial review ; procedural rights in criminal proceedings ; defence

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