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Recent Changes in the Regulation of the Statute of Limitations in Croatia for Transitional Economic Crimes

Impunity for perpetrators of serious transitional economic crimes that occurred in Croatia prior, during and immediately after the Homeland War (1990-1995) was an example of ill-treatment and neglecting of economic offences in conflict and post-conflict society. After almost two decades, Croatia finally decided to react to non- prosecution of the major privatization affaires and Croatian Constitution was amended in 2010 prescribing no status of limitation for transitional economic crimes (those crimes include but are not limited to Embezzlement, Abuse of Power in Business Dealings etc). It is questionable if the introduction of new legal instruments, like the ones that were adopted in Croatia after 23 years since the privatization has started, could be considered as the most adequate and effective for combating transitional economic crimes and regaining assets that were illegally obtained. Sometimes, indeed, changes in the duration of the statute of limitation, i.e. its extension or abolishment, seem to be the only possible response that will allow prosecution of “past” crimes, even with retroactive effect. But, only black letter law cannot regain justice to the country in transition if its applicability will not occur in practice.

transitional economic crimes; statute of limitations; Constitutional changes Law on exemption form statute of limitation

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