If you are a victim of a crime you have the right:
- on information about your rights that the police, the investigator, the prosecutor's office and the court are required to give you
- on psychological and other professional assistance from victim assistance organizations
- on protection against intimidation and retaliation
- on the protection of dignity during interrogation as a witness
- to be heard without undue delay after the filing of a criminal complaint, and to conduct further hearings only to the extent necessary for the purpose of criminal proceedings
- on being escorted by a trusted person to take action in which you participate
- that medical procedures towards you are taken to a minimum and only if they are absolutely necessary for the purpose of criminal proceedings
- to file a motion to prosecute and a private lawsuit in accordance with the provisions of the Criminal Code
- to participate in criminal proceedings as an injured party
- to be informed of the dismissal of a criminal complaint and the dismissal of a prosecutor, and the right to prosecute instead of a prosecutor
- upon notification from the Attorney General of the actions taken regarding your application and lodging a complaint with the Attorney General
- at your request, without undue delay, be informed of the termination of detention or pre-trial detention, the escape of the defendant and the release of the prisoner from serving his sentence and the measures taken to protect you
- to be informed, at your request, of any decision terminating criminal proceedings in a legally binding manner
- for offenses punishable by imprisonment for more than five years, if you suffer the grave consequences of the offense, to have the expert assistance of a counselor at the expense of budgetary funds when filing a property claim
- for financial compensation in accordance with a special law, if you have suffered serious bodily harm or serious impairment of health as a result of the criminal offense of intentional violence.
If you are a victim of a crime against sexual freedom and a criminal offense of human trafficking, you have the following rights in addition to the victim's rights listed below:
- talk to an advisor before the examination, at the expense of the budget resources
- obtain a proxy at the expense of the budget
- to be questioned by the same sex in the police and public prosecutor's office, and if possible re-examined by the same person
- you may refuse to answer unnecessary questions regarding your personal life
- you may require to be questioned via an audio-video device
- the confidentiality of personal information
- you may request that the public be excluded from the hearing.
If a child is a victim of a crime, in addition to the rights of the victim, he or she has additional rights:
- to the authorized person at the expense of the budget
- to the confidentiality of personal information
- to testify without public attendance.
Children are all persons under 18 years of age.
The court, the State Attorney's office, the investigator and the police are obliged to treat the child victim of the crime with special care, bearing in mind age, personality and other circumstances in order to avoid harmful consequences for the upbringing and development of the child. In dealing with the child victim, the competent authorities will first and foremost be guided by the best interests of the child.
Examination of a child in criminal and misdemeanor proceedings
Child witnesses and victims are examined by the investigating judge at the evidentiary hearing, and the child witness is summoned through his or her parents or guardian. The recording and record of the examination of the child will be used as evidence in the proceedings. The child may only be examined twice during the procedure.
Individual victim needs assessment??
Individual victim needs assessment
- the police, the State Attorney's office and the court, prior to the examination, will, in cooperation with the authorities, organizations or institutions for assistance and support to the victims of crime, carry out an individual assessment which includes determining whether there is a need for the application of special protection measures and, if any, what specific protection measures should apply (for example, a specific mode of inquiry, the use of communication technologies to avoid visual contact with the perpetrator, and other measures prescribed by law)
- when the victim of the crime is a child, it will be assumed that there is a need to apply special protection measures and it is necessary to determine what specific protection measures should be applied
- the individual characteristics of the victim or nature of the crime and the circumstances of the commission of the crime are particularly taken into account when undertaking an individual victim assessment. Special attention is given to victims who have suffered significant harm as a result of the seriousness of the crime, to victims of a crime committed because of a victim's personal character, and to victims who make their relationship with the perpetrator particularly vulnerable.
- the individual assessment of the victim appropriately includes, in particular, victims of terrorism, organized crime, human traffickinh, gender-based violence, close relationships, sexual violence and sexual exploitation or hate crime, and victims with disabilities
- an individual assessment is carried out with the participation of the victim and taking into account her wishes, including the desire not to use specific protection measures prescribed by law
- the authority conducting the procedure will minimize the number of examinations of the victim who have been identified as having a particular need for protection. The Attorney General may suggest that such a witness be examined at an evidentiary hearing.
Private lawsuit
If you have reported a crime, in most cases the case will be prosecuted ex officio.
You can file a private lawsuit for criminal offenses initiated in a private lawsuit. The lawsuit must be filed within three months from the day the authorized natural or legal person became aware of the crime and the perpetrator.
Legal asset request
If you are a victim of a crime, you can participate in the proceedings in the capacity of the injured party, who has the right to file a property claim before the court.
For example, you can request for:
- compensation for damages - which may be material or intangible (pain, fear suffered)
- return of property - if you can prove that you were the owner or legal holder of the item
- cancellation of a specific legal transaction - if a criminal act resulted in a legal transaction of a property character (if the defendant by force has induced you to conclude a contract).
You can file a property claim in criminal proceedings or in a special civil lawsuit against the defendant. If you have made the request during the criminal proceedings, the presumption of its acceptance is that the defendant is found guilty by the court.
In a civil lawsuit, this is not a prerequisite for the success of your claim.
Financial compensation
If you are a victim of a crime of intentional violence, you are entitled to compensation from the State Budget.
The police, the State Attorney's office and the courts are required to provide you with information on your right to compensation, provide you with the necessary application forms, and upon your request, they are required to provide you with general instructions and information on how to complete the application and what supporting documentation is required.
The application for financial compensation is submitted to the Ministry of Justice on a form which can be downloaded from the Ministry's website:
Form for claiming compensation for victims of crime
Form for claiming compensation for victims of crime (EN).
The right to financial compensation may be exercised when:
- if it is a criminal offense of intentionally committed violence in the territory of the Republic of Croatia, resulting in serious bodily injury, serious impairment of health or death
- if you are a citizen of the Republic of Croatia, a national of a Member State of the European Union or in its territory
- if the crime has been reported or recorded to the police or the State Attorney's Office, whether or not the perpetrator is known.
The request for financial compensation is submitted to the Ministry of Justice within 6 months from the day of committing the crime, and the request is decided by the Committee for Financial Compensation to Victims of Crime.
Types of compensation that can be obtained under the assumptions and conditions of this Law:
- as a direct victim, you are entitled to compensation for lost earnings up to a maximum of 35,000.00 HRK if a criminal offense of violence resulting from serious bodily injury or serious impairment of health has been committed, and it is proved that you have lost any profit as a result
- as an immediate victim, you are entitled to the compensation for medical expenses if the crime of violence resulting from serious bodily injury or serious impairment of your health has been committed, and you are proven to have received treatment and medical expenses that you had to pay. (Treatment costs are only recognized if the immediate victim is not eligible for health insurance coverage. These treatment costs can be recognized up to the amount of the health standard set out in mandatory health insurance regulations in the Republic of Croatia.)
- the indirect victim is entitled to compensation for loss of legal support if the immediate victim has died as a result of the crime of violence, and if the loss of legal support is proven. Compensation for loss of legal support may be recognized in the maximum amount of 70,000.00 HRK in total for all indirect victims.
- the person who paid them for the funeral of a person who has died as a direct victim of the consequences of a crime of intentional violence, and if he / she proves to have paid for those funeral expenses, is entitled to compensation for ordinary funeral expenses. The funeral expenses can be recognized in the amount of 5,000.00 HRK.
Rights of the victim in criminal proceedings
If you are a victim involved in a criminal proceeding as a victim, you have the following rights:
- to use your own language, including the sign language of the deaf and deaf-blind, and to the assistance of an interpreter if you do not speak or understand Croatian, or a sign language translator or interpreter if you are a deaf or deaf-blind victim
- to submit a proposal for the realization of a property claim and temporary security measures
- to have a proxy
- to indicate the facts and propose evidence
- to attend an evidentiary hearing
- to attend the hearing, participate in the evidentiary proceedings and make the closing speech
- to inspect the case file in accordance with legal requirements
- to request a notification from the Attorney General about the actions taken on your application and file a complaint with the Attorney General
- to file a complaint
- to request a return to the previous state
- to obtain notification of the outcome of criminal proceedings
- to file a motion for prosecution or a private lawsuit
- to take criminal prosecution instead of the Attorney General.
Notice of release of the offender
When the defendant is sentenced to imprisonment, the Department of Justice's Victim and Witness Support Services will inform the victim of the date the prisoner was released from serving his prison sentence (in the case of regular and parole).
When the defendant is released from the pre-trial detention center, the victim will be notified at the request of the police.
The right of access to support services for victims of crime and the right to effective psychological and other professional assistance and support from bodies, organizations or institutions for assistance to victims of crime
Free Crime Victims Line?? - National Call Center for Victims of Crime and Misdemeanors (116 006)
By calling the (toll) free number of the National Call Center for Victims of Crime and Misdemeanors - NPC-116-006, citizens can obtain information on victims' and witness rights, emotional support, practical information, as well as information on institutions and organizations that can provide them with additional forms of assistance . Information and support provided by specially trained volunteers are available weekdays from 8am to 8pm in Croatian and English.
Victim and witness support departments
Victim and witness support and assistance are provided by the Victim and Witness Support Divisions established in seven county courts, with the purpose of the department to support victims of crime (and domestic violence offenses) and to alleviate stressful situations of testimony and stay in court by:
- providing emotional support to victims / witnesses before, during and after the procedure,
- providing rights and practical information to victims, witnesses and their families,
- providing information on the stages of criminal and misdemeanor proceedings,
- providing victims and witnesses with a room,
- providing escort to victims and witnesses during testimony,
- referrals to specialized institutions depending on the needs of the victims, witnesses and their accompanying persons (family members, guardians).
This seeks to change the circumstances in which witnesses and victims are often left alone, without information about what awaits them and who they can turn to for help.
Anyone who is a victim or witness can contact the Victims and Witness Support Team in person, by phone or email.
Victim and witness support contacts
Support and cooperation network for crime victims and witnesses
In order to provide support to citizens throughout the Republic of Croatia, the Ministry of Justice also funds the activities of a partner network of civil society organizations providing support and assistance to victims and witnesses in counties where victim and witness support offices have not been established.
Additional information and contacts: Support and cooperation network for victims and witnesses of crime
In addition to the victim and witness support departments and civil society organizations involved in the program "Support and Cooperation Network for Victims and Witnesses of Crimes", and numerous other civil society organizations and public institutions in the Republic of Croatia, they assist victims in dealing with psychological, emotional, social and practical losses, providing emotional, psychological and / or practical assistance, protection, advice and information.
Contacts of organizations providing psychosocial and legal assistance