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Croatian legal approach toward defining and prosecuting transitional economic crimes: No statute of limitation and retroactive prosecution

After amending the Constitution, in 2011 the Law on Exemption from Statute of Limitations for War Profiteering and Crimes Committed in the Process of Ownership Transformation and Privatization was passed in Croatia. Presentation gave an overview of the Law and ambiguities that were raised.In last two decades Croatia, went through at least four major political transitions while shifting from the economic system based on social ownership to the market economy. All these dynamic political transitions have had an important impact on the speed and legitimacy of the privatization process as well as the prosecution of the crimes that happend as a result. Impunity of perpetrators of serious transitional economic crimes that occurred prior, during and immediately after the Homeland War (1990-1995) in Croatia is an example of ill- treatment and neglecting of economic offences in conflict and post-conflict society. Recently Croatia decided to address non-prosecution of the major privatization affaires. In 2010, the Croatian Constitution was amended proscribing no status of limitation for transitional economic crimes. In 2011 the Law on Exemption from Statute of Limitations for War Profiteering and Crimes Committed in the Process of Ownership Transformation and Privatization and a new Criminal Code were passed. The new constitutional amendment created some legal challenges such as: is the retroactive effect of non-applicability of statutes of limitation possible, and which crimes are exempted from the status of limitation, and how to precisely define war profiteering etc.?

Constitutional amendments; Law on Exemption for Statute of Limitation; Ambiguities

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