Rights of victims
Victims of criminal offences have rights in the preliminary and criminal proceedings, and particular protection is provided to victims of sexual offences and human trafficking
If you are a victim of crime, you have the right to:- Information on your rights, which has to be provided to you by the police, the investigator, the state attorney’s office and the court
- Psychological and other professional help from organisations helping victims
- Protection from intimidation and retaliation
- Protection of dignity during witness examination
- Be heard without undue delay once you have reported a crime, with subsequent hearings taking place only to the extent required by the criminal proceedings
- Be accompanied by a person of trust when participating in procedures
- Be subjected to medical procedures to the smallest extent possible and only if these are absolutely necessary for the criminal proceedings
- File a motion to prosecute and bring a private prosecution in accordance with the provisions of the Criminal Act
- Participate in the criminal proceedings as an injured party
- Be notified of dismissal of the crime report and the state attorney’s decision to desist from prosecution, as well as the right to assume prosecution from the state attorney
- Be notified by the state attorney in respect of action taken on the basis of your report, as well as to file a complaint to a senior state attorney
- Be notified at your request and without undue delay of release from custody or detention, the defendant escaping or the convict being released from imprisonment, as well as of the measures taken for your protection
- Be notified at your request of any decision ending the criminal proceedings with finality (res judicata)
- To state-funded specialist counselling when filing a civil claim in case of a criminal offence punishable by a term of imprisonment of more than five years if you are suffering from severe consequences of the criminal offence
- Financial compensation in accordance with a special act if you have suffered grievous bodily harm or serious deterioration of health as a result of a violent intentional criminal offence
- To speak with a counsellor prior to being interviewed, with the cost being paid for from the state budget
- State-funded legal aid
- To be interviewed by a person of the same sex at the police station or state attorney's office and that, if this is possible, you are interview by that same person in case of a repeated interview
- To refuse to answer unnecessary questions about your personal life
- To request to be interviewed via an AV device
- Confidentiality of personal data
- To request exclusion of the general public from the hearing.
- State-funded legal aid
- Confidentiality of personal data
- To testify without the general public.
The court, state attorney’s office, investigator and the police all have to treat a child who is a victim of crime with special care, taking into consideration the child’s age, personality and other circumstances to avoid any detrimental effects on the child’s nurture and development. When interacting with a child who is a victim of crime, the competent authorities have to
first and foremost act in the child’s best interest.
Interviewing a child in criminal and misdemeanour proceedings
Child witnesses and victims are examined by the judge of investigation at the evidentiary hearing, and a child witness is subpoenaed via his/her parents or guardians. A child will be interviewed via an AV device or with the help of a professional. The recording and minutes of the child’s interview will be used as evidence in the proceedings. In the course of the proceedings, a child may be interviewed only twice.Individual assessment of a victim’s needs
Individual assessment of a victim’s needs:- The police, the state attorney’s office and the court will—before interviewing the victim and in cooperation with the authorities, organisations or institutions helping and supporting victims of criminal offences—carry out individual assessment, which includes establishing whether there is a need to apply special protection measures and, if there is, which special protection measures should be applied (for example, a special interviewing method, use of communication technologies to avoid visual contact with the offender and other measures prescribed by law)
- When the victim of crime is a child, it is presumed that there is a need to apply special protection measures and it should be determined which special protection measures need to be applied
- When carrying out individual victim assessment, special attention is paid to the victim’s personal characteristics, type or nature of the criminal offence and the circumstances under which the criminal offence was committed. Special attention is paid to victims who have suffered substantial injury due to the severity of the criminal offence, victims of crime committed due to some personal characteristic of theirs and victims whose relationship with the offender makes them particularly vulnerable.
- Individual victim assessment duly includes, in particular, victims of terrorism, organised crime, human trafficking, gender-based violence, violence in a close relationship, sexual violence and exploitation or hate crime, and victims with disabilities.
- Individual assessment is carried out with the victim’s participation and taking into account their wishes, including also their wish not to use special protection measures prescribed by law
- The authority conducting the proceedings will keep the number of interviews of the victim for which a special protection measure has been implemented to a minimum. The state attorney may propose that such a witness is interviewed at the evidentiary hearing.
Private prosecution
If you have reported a crime, the state attorney will prosecute ex officio in most cases.A private prosecution may be brought in the case of criminal offences for which criminal proceedings are instituted on the basis of a private prosecution. The private prosecution must be brought within three months from the date when the authorised natural or legal person learned of the criminal offence and the offender.
Claims for damages
As a victim of crime, you can take part in the proceedings as an injured party who is entitled to file an associated civil claim to the court.For example, you can claim:
- Compensation for damages—which can be tangible or intangible (pain suffered, fear)
- Return of belongings—if the injured party can prove that they were the owner or lawful holder
- Annulment of a specific transaction—if the criminal offence resulted in a property transaction (if the defendant forced the victim to conclude a contract).
This is not a prerequisite for the success of an claim in a civil action.
Financial compensation
If you are a victim of crime involving violence committed with intent you have a right to financial compensation from the state budget.The police, the state attorney's office and the courts are required to provide information on the right to compensation, supply the necessary application forms and, at your request, give general guidance and information on how to fill out an application and on the supporting documents that are required.
Applications for financial compensation are submitted to the Ministry of Justice and Public Administration on the form which can be downloaded from the Ministry’s website.
Application form for financial compensation for victims of crime
Application form for financial compensation for victims of crime (in English)
You can exercise your right to financial compensation if:
- The criminal offence in question is a criminal offence of intentional violence committed in the territory of the Republic of Croatia resulting in grievous bodily harm or serious deterioration of health or death
- You are a citizen of the Republic of Croatia, citizen of a member state of the European Union or permanently resident in the European Union
- The criminal offence is reported to or filed by the police or the state attorney’s office, regardless of whether or not the offender is known.
Types of compensation that can be received under the requirements and conditions of the Act:
- As a direct victim you are entitled to compensation for loss of earnings up to the amount of 4645 EUR if a criminal offence of violence resulting in grievous bodily harm or serious deterioration of health was committed and it is proven that this caused you to lose earnings
- As a direct victim you are entitled to compensation for the costs of treatment if a criminal offence of violence resulting in grievous bodily harm or serious deterioration of health was committed and it is proven that this is why you had to undergo medical treatment and incurred costs of treatment you had to cover. (Costs of medical treatment are only recognised if a direct victim is not entitled to have their costs covered by health insurance. These costs of treatment can only be recognised up to the healthcare standard amount prescribed by the regulations on mandatory health insurance in the Republic of Croatia.)
- An indirect victim is entitled to compensation for the loss of statutory maintenance if the direct victim died due to the consequences of the criminal offence of violence and if the indirect victim proves this loss of statutory maintenance. The compensation for the loss of statutory maintenance can be recognised up to the amount of 9291 EUR in total for all indirect victims.
- The person who covered the funeral expenses of the direct victim who died due to the consequences of the criminal offence of intentional violence is entitled to compensation for the funeral expenses if they prove that they covered these expenses. Funeral expenses can be recognised up to the amount of 664 EUR.
Rights of injured parties in criminal proceedings
If you are a victim taking part in the criminal proceedings as an injured party, you are entitled to:- Use your own language, including sign language for the deaf and deafblind, and to the assistance of an interpreter if you do not understand or use Croatian, or to the assistance of a translator or sign language interpreter if you are deaf or deafblind
- File a civil claim and motion for temporary injunctions
- Have an authorised representative
- Present facts and move to introduce evidence
- Attend the evidentiary hearing
- Attend the proceedings, take part in the evidentiary proceedings and make a closing statement
- Access the case file in accordance with the legal requirements
- Request to be notified by the state attorney in respect of action taken on the basis of your report and file a complaint to a senior state attorney
- Lodge an appeal
- Seek restoration of the previous situation
- Receive a notice of the outcome of the criminal proceedings
- File a motion to prosecute and bring a private prosecution
- Prosecute instead of the state attorney
Notice of offender's release
When a defendant is sentenced to imprisonment, the Service for Victim and Witness Support at the Ministry of Justice and Public Administration will inform the victim of the prisoner's release date (unconditional release and release on probation).When a defendant is being released from detention, the victim will be notified of this by the police at the victim’s request.
Right to access support services for victims of crime and right to efficient psychological and other professional help and support from authorities, organisations or institutions helping victims of crime
Toll-free telephone number for victims of crime—National Call Centre for Victims of Crimes and Misdemeanours (116 006)
By calling the toll-free telephone number 116 006 of the National Call Centre for Victims of Crimes and Misdemeanours, citizens can receive information about rights of victims and witnesses, emotional support, practical information, as well as information about institutions and organisations which can provide additional forms of help. This information and support is provided by specially trained volunteers on work days between 8 AM and 8 PM, in Croatian and English.Departments for provision of support to victims and witnesses
Support and help to victims and witnesses is provided by departments for provision of support to victims and witnesses founded in seven county courts, and the purpose of these departments is to provide support to victims of crime (and misdemeanours of domestic violence) and make the stressful situations of testifying and spending time at the court easier by:- Providing emotional support to victims/witnesses before, during and after the proceedings,
- Providing information on the rights and practical information to victims, witnesses and their family members,
- Providing information on the stages of the criminal and misdemeanour proceedings,
- Providing a separate room for victims and witnesses,
- Making sure that victims and witnesses are accompanied when they are testifying,
- Referring victims, witnesses and persons accompanying them (family members, guardians) to specialized institutions depending on their needs.
Anyone who is a victim or witness can contact a department for provision of support to victims and witnesses in person, by telephone or e-mail.
Contact information of departments for provision of support to victims and witnesses
A Network of Support and Cooperation for Victims and Witnesses of Criminal Offenses
For the purpose of provision of support to citizens across the whole territory of the Republic of Croatia, the Ministry of Justice and Public Administration also funds the activities of a partner network of civil society organisations providing support and help to victims and witnesses in counties where departments for provision of support to victims and witnesses have not been founded.Additional information and contacts: A Network of Support and Cooperation for Victims and Witnesses of Criminal Offenses
Together with the departments for provision of support to victims and witnesses and civil society organisations participating in the program “A Network of Support and Cooperation for Victims and Witnesses of Criminal Offenses”, many other civil society organisations and public institutions in the Republic of Croatia also help victims in coping with psychological, emotional, social and practical losses by providing them emotional, psychological and/or practical help, protection, advice and information.
Contact information of organisations providing psychosocial and legal counselling
More information on the system of support to victims and witnesses can be found on the website of the Ministry of Justice and Public Administration.