Professional Documents
Culture Documents
FOR VICTIMS
OF CRIME
ZAGREB, 2018.
DOCUMENTA – CENTRE FOR DEALING WITH PAST
CENTER FOR NON-VIOLENCE AND HUMAN RIGHTS
WHITE CIRCLE OF CROATIA
VICTIMS AND WITNESS SUPPORT SERVICE
PUBLISHERS:
Documenta – Centre for dealing with past
Victims and Witness Support Service
EDITORS:
Đino Đivanović,
Ana Šeničnjak,
Milena Čalić-Jelić
AUTHORS:
Matea Anić,
Mia Božić Mihanović,
Natalija Havelka,
Veselinka Kastratović,
Jelena Đokić Jović
EXPERT ADVISOR:
Lana Petö Kujundžić
DESIGN:
Barbara Blasin
PRINTING HOUSE:
Intergrafika d.o.o.
PRINT RUN:
500 kom
Zagreb, 2018.
If you have been subjected to crime, this handbook is intended for you.
The goal is to make it easier for you to exercise your rights guaranteed by na-
tional laws.
The handbook will help you to answer the questions: to whom to contact,
whom to ask for help and what rights you are entitled to.
The first part of the handbook consists of general information useful for
the victims of all crimes, while the second part deals more closely with the vic-
tims of certain crimes, which are recognized by law as particularly vulnerable.
In that sense, the categories which were singled out are dealing with chil-
dren as victims of crime, victims of crimes against sexual freedom and human
trafficking, victims of hate crime, victims of terrorism, victims of crimes aga-
inst humanity and international law, victims of property crimes and relatives
of victims in criminal proceeding.
The handbook is published as a part of the project “Rights, support, pro-
tection and compensation of victims of crimes“ conducted by Documenta –
Centre for Dealing with the Past, Center for Peace and Human Rights Osijek,
White Circle of Croatia from Split and Victims and Witness Support Service
from Vukovar. The project is funded under the Justice Program of the European
Union, co-financed by Office for Cooperation with NGOs of the Government of
the Republic of Croatia and implemented with support of the city of Zagreb.
We hope that this handbook will be of assistance to all victims of crime,
who are daily faced with procedural and other ambiguities.
DISMISSAL OF THE
INVESTIGATION
CRIMINAL CHARGES
VERIFIED DROPPED
THE INJURED
PARTY TAKES
OVER CRIMINAL
PROCEEDINGS TRIAL (THE MAIN HEARING)
COURT DECISION
COMPLAINT
If you are injured – seek medical help! In case of injury, call Emer-
gency Service - 112, Emergency Medical Assistance - 194 or look
for the nearest equipped Emergency center or hospital.
If the crime is still taking place – call the Police - 192 or visit your
nearest police station.
Report the crime at your nearest police station, on the phone num-
ber 192 or at the State Attorney’s Office.
The victim of crime is a person who has suffered physical and mental
consequences, property damage or substantial violation of fundamental
rights and freedoms that are the direct consequence of a crime. Besides the
direct victim, a spouse, common-law spouse, a life partner or an informal
life partner and descendant, and if there are none, ancestor, brother and
sister of the person whose death was directly caused by the crime, and the
person that was, according to law, supported by a victim – are also consi-
dered victims of crime (relatives – more details will be provided later in this
handbook).
The rights of crime victims are regulated by the Criminal Procedure Act
(CPA) (Official Gazette OG 152/08, 76/09, 80/11, 121/11, 91/12, 143/12,
56/13, 145/13, 152/14, 70/17, available at: https://www.zakon.hr/z/174/
Zakon-o-kaznenom-postupku)
• the basic directory of all victims’ rights is contained in Article 43. Of CPA
• the victim has the right before, during and after the criminal procee-
dings, and regardless of reporting a criminal offense
• from taking the initial actions in which the victim participates, the court,
the State Attorney’s Office, the Investigator and the Police, are obliged to
notify the victim in an understandable manner about his/her rights and to
make sure whether the victim understood the informationa.
The victim and the legal person, against whom a crime has been
committed, have the right to register as an injured party:
• until the indictment is raised: at the police or the State Attorney’s
Office
• from the confirmation of the indictment to the verdict: at the
court
The court, State Attorney’s Office, the investigator or the police will
instruct the victim on the meaning of participation in the capacity
of the injured party and make a note about the information and
the victim’s statement, whether he/she wants to participate in
the court proceedings as an injured party.
As an injured party, the victim has a more active role in the court pro-
ceedings, since he/she participates in it (without the obligation to use “the
additional rights“). That is, the person is a victim by the fact that a crime has
been committed against him/her, while he/she becomes an injured party
by proactive statement that he/she wants to participate as an injured party
in the court proceedings and thus upgrade the list of rights that he/she may
require and achieve.
HOW?
• the aforementioned right can be realized by direct contact with the services
for the support of the victims of crime, namely victims’ and witness support
departments in 7 County Courts (Zagreb, Osijek, Vukovar, Split, Rijeka, Zadar,
Sisak), and contact with civil society organizations in counties where these
departments are not established: Victim and Witness Support Service
(Varaždin and Međimurje county); Center for Civic Initiatives Poreč (Istria
county); Center for Support and Development of Civil Society Delfin
(Požega-Slavonia county and Bjelovar-Bilogora county); DEŠA – Dubrovnik
(Dubrovnik-Neretva county); HERA Križevci - for the protection and pro-
motion of human rights (Koprivnica-Križevci county and Bjelovar-Bilogo-
ra county); Informative Legal Centre (Brod-Posavina county); Women’s
Group Karlovac Korak (Karlovac and Lika county); S.O.S. Virovitica (Viro-
vitica-Podravina county); SOS Phone for Women Victims of Violence in
Krapina-Zagorje county (Krapina-Zagorje county); Association ZvoniMir
HOW?
• by addressing civil society organizations, general practitioners (searching
for a medical referral), victims’ and witness support departments on courts,
centers for social welfare, polyclinics, hospitals and other healthcare insti-
tution
HOW?
• for example, by seeking precautionary measures and/or protective me-
asures that can be requested from a State Attorney’s office or court, de-
pending on the stage of the court proceedings (for example, removal from
home) – more information on protective measures is provided later in the
handbook
HOW?
• for example, by requesting examination by a person of the same sex, reque-
sting examination in a sensitized manner (taking into account the victim’s
trauma), requesting to avoid asking strictly personal questions unrelated to
the crime, and questions related to the sexual life, when it comes to crimes
against sexual freedom
HOW?
• this right refers to all hearings, in particular the police hearing after the
filing of the criminal report
HOW?
HOW?
• to give a statement during the criminal proceedings (from the moment of
filing a criminal report until the end of trial)
HOW?
• together with notice, to obtain the information on the right to take over
the criminal prosecution instead of State Attorney’s Office
• after obtaining a notice of withdrawal of the State Attorney’s office from
the criminal prosecution, the person also has to obtain the State Attorney’s
instruction containing the actions already taken and those to be taken
HOW?
• the victim may request an information from the State Attorney about the
HOW?
HOW?
The injured party is a person whose personal right (eg the right to life,
to freedom or on the inviolability of home) or property right, is violated or
threatened by a criminal offense (victim of a crime). In the criminal procee-
dings, the injured party has certain procedural rights. This means that the
injured party in a criminal proceeding may, along with the physical, be a
legal person. The injured party may act as a private prosecutor for criminal
offenses that are that are prosecuted by private lawsuits or as a prosecutor
if a State Attorney refuses to pursue with a criminal prosecution or gives up
from it. The principal right of an injured party is the right to file a property
claim.
• the right to use own language, including the sign language of the deaf
and deafblind, the interpreter’s help if the victim does not speak or under-
stand the Croatian language, or translator/interpreter of the sign langua-
ge in the case of a deaf or deaf-blind injured party.
• if the injured party does not speak the language, he/she will be provided
TO WHOM?
• to the filing of the indictment - to the police or to the State Attorney’s
Office, until the end of the hearing - to the court
• the victim of a crime for which a punishment of imprisonment is more
than 5 years, , if he or she is suffering from hard consequences, is enti-
tled to the expert assistance of an advisor, at the expense of budget funds
when filing the property claim
• the property claim is filed in order to, except for guilt, decide on the
compensation for the damages, which is otherwise in the jurisdiction of
the civil courts
• compensation for the damages can be claimed for:
1. . suffered non-pecuniary damage (emotional distress, fear, impair-
ment of life abilities ...)
2. property/material damage
3. Right to an assignee
HOW?
HANDBOOK FOR VICTIMS OF CRIME 25
• by own engagement, NOT at the expense of budget resources (except
if you are not a victim of crime against sexual freedoms and human
trafficking or a child who is a victim - see more in a separate section
later in this handbook)
• not mandatory
• the injured party and his/her assignee may, in the closing speech, warn
about the evidence of the guilt of the defendant
WHEN?
• the right is acquired after the examination
WHEN?
• within two months of the filing of the criminal repor
HOW?
• in accordance with the written instructions on the remedy on the recei-
ved decision (pay attention to the deadline and the competent authority to
which the appeal is filed)
• if the injured party has not pleaded about taking over the criminal prose-
cution for justified reasons, after the dismissal of the criminal charge or if the
State Attorney withdraws the process
• if the interests of the child are in conflict with the interests of the
parent, the expert body that guides the procedure informs the Social
Welfare Center, which will appoint a special custodian
• an injured party who is 16 years of age may make statements and
take action alone
WHEN?
• when the State Attorney determines that there are no grounds for prose-
cution, he/she is obliged to notify the victim within eight days that he or she
may take over the prosecution process
• the victim has the right to continue prosecution within 8 days of receipt of
the notice from the State Attorney
• the victim can raise a new indictment or remain with the old indictment
WHEN?
• within three months of the decision on suspension
• within six months since the State Attorney’s Office rejected the application
WHEN?
• the injured party has to make a statement on the continuation of the pro-
secution immediately (if he/she is not at the hearing, it is considered that he/
she does not want to continue the prosecution)
• if he/she is not invited for justified reasons, the injured party will be
allowed a return to his/her previous state
• deadline for the return in the previous state: 8 days from the missed action
HOW?
• with the delivery of instructions from State Attorney (the instructions con-
tain actions that can be taken)
• has the rights to inspect the file
• has the rights of a State Attorney (except those the State Attorney has as a
body of Government)
• if he does not continue persecution or does not attend the hearing within
the statutory deadline it shall be considered that the victim withdrew from
the prosecution
ADDITIONAL RIGHTS?
• if a criminal offense is one for which imprisonment of more than five years
can be imposed, the injured party can file a claim for an assignee
WHO DECIDES?
HOW?
• request the police, investigators, judges, state attorneys (depending on
the stage of the proceedings)
• the counselor may be a lawyer or one of listed professionals (psychologist,
social worker, social pedagogue)
• the request for a person in the role of counselor depends on the victim’s
needs – the victim him/herself needs to formulate which counselor is his/her
choice
• e.g. questions about earlier sexual life, the number of sexual partners
HOW?
• by submitting the request to the judge
WHO IS CONDUCTING?
WHY?
• for the purpose of determining the victim’s need for implementation of spe-
cial measures of protection, and if there is a need, to determine which special
protection measures need to be implemented to protect the victim and to
reduce the risk of retraumatization and secondary victimization
WHEN?
CONSEQUENCES?
The witness must obey the summons issued by the State Attorney’s
Office and the court (during the investigation and during the hearing).
The witness must give his/her testimony at the court which must be true. The
State Attorney and the President of the Judicial Council are obliged to warn
the witness about the consequences of giving a false testimony. The witness
must inform the court of the inability to arrive due to his/her psycho-physical
condition and justify his/her absence.
Witnesses who are unable to respond to a court call due to age, health
or disability can be examined in their apartment or other area in which they
reside.
• they can be examined vio audio/video device
• if it is required by the state of the witness, the examination will be
conducted in such way that included parties can ask questions without
being in the same room where the witness is present
At the request of a witness who is a victim of a crime against sexual
freedom or human trafficking, or if the crime is committed in the family, the
examination will be conducted via audio/video device.
SThe court, the State Attorney’s office, the investigator and the police
are obliged to treat the child victim of a crime particularly carefully, kee-
ping in mind the age, personality and other circumstances in order to avoid
adverse consequences for the upbringing and development of child. In the
treatment of the child victims, the competent authorities will primarily be
guided by the best interest of a child.
If a child is a victim of domestic violence, and interests of a child are in
conflict with the parents’ interests, the competent authorities will contact
the social welfare center to appoint a special guardian. A special guardian
is authorized to make all statements and to undertake that the victim is
entitled to.
The right of a child victim of crime is regulated by the Criminal Proce-
dure Act (Article 44).
HOW?
WHO?
HOW?
WHO?
MEASURES OF PROTECTION:
More detailed information on rights, the way of exercising rights, the possibi-
lities of providing assistance and reporting violence when it comes to children
victims of crime, can be obtained by calling the following telephone numbers
and by contacting the e-mail addresses listed below:
• Police 192
• Emergency assistance 194
• Centres for Social Welfare
HOW?
• ask the police, investigator, the State Attorney, judge (depending on the
stage of proceedings)
• RECOMMENDATION: do not ask for a lawyer as a counselor because the
victim has the right to an assignee (a lawyer) at the expense of budgetary
funds, but ask for a psychologist, pedagogue, social worker...
HOW?
• ask the police, investigator, judge, State Attorney (depending on the sta-
ge of proceedings), victim can also hire his/her lawyer to be paid from the
budget
WHO?
• the assignee is a lawyer on the list of Croatian Bar Association
HOW?
• by submitting a request to a State Attorney, investigator or court (depen-
ding on the stage of proceedings)
HOW?
• through assignee, ask before the examination
HOW?
• by filing a request to the judge
More detailed information on rights, the way of exercising rights, the po-
ssibilities of providing assistance and reporting violence when it comes
to victims of crime against sexual freedom and human trafficking, can be
obtained by calling the following telephone numbers and by contacting the
e-mail addresses listed below:
• Police 192
• Emergency assistance 194
• National Call Centre for Victims of Crime (working days 08:00-20:00) 116
006 – Victim and Witness Support Service pzs@pzs.hr
• Women’s Room – Center for Victims of Sexual Violence: 01/6119-444,
savjetovaliste@zenskasoba.hr
• Center for Women Victims of War ROSA: 01/4551-128, cenzena@zamir.
net
• protection measures
• money fine
• prison sentence
• other misdemeanor sanctions prescribed by the law governing the misde-
meanors
More detailed information on rights, the way of exercising rights, the po-
ssibilities of providing assistance and reporting violence when it comes to
victims of domestic violence, can be obtained by calling the following te-
lephone numbers and by contacting the e-mail addresses listed below:
• Police 192
• Emergency assistance 194
• National Call Centre for Victims of Crime 116 006 (working days 08:00-
20:00) – Victim and Witness Support Service , pzs@pzs.hr
• Centre for Social Welfare - Zagreb: info phone free of charge 0800-
200090, Split: 021/350-600, Rijeka: 051/499-101, Osijek: 031/212-
400
• Ombudsperson for Children: Teslina 10, 10 000 Zagreb, faks 01/4921-277,
info@dijete.hr, special e-mail only for children mojglas@dijete.hr
• Ombudsperson for Gender Equality: Preobraženska 4/1, 10 000 Zagreb,
01/4848-100, e-mail: ravnopravnost@prs.hr
More detailed information on rights, the way of exercising rights, the po-
ssibilities of providing assistance and reporting violence when it comes to
victims of hate crime, can be obtained by calling the following telephone
numbers and by contacting the e-mail addresses listed below:
• Police 192
• Emergency assistance 194
• National Call centre for Victims of Crime 116 006 (working days 08:00-
20:00) – Victim and Witness Support Service pzs@pzs.hr
• Center for Peace Osijek – Trg Augusta Šenoe 1, 31 000 Osijek, 031/206-
886, centar-za-mir@centar-za-mir.hr
• Documenta – Centre for Dealing with the Past, 01/457-2398, kontakt@
documenta.hr
• White Circle of Croatia – Ljudevita Posavskog 14, 21 000 Split, 021/783-
449, bijeli.krug@gmail.com, SOS line 0800 63 29 (weekdays 07:30-19:30)
• Police 192
• Emergency assistance 194
• National Call Centre for Victims of Crime 116 006 (working days 08:00-
20:00) – Victim and Witness Support Service, pzs@pzs.hr
• Humanitarian Organization DORA, 01/5804-300, dora@dora.hr
• Documenta – Centre for Dealing with the Past, 01/457-2398, kontakt@
documenta.hr
• White Circle of Croatia – Ljudevita Posavskog 14, 21 000 Split, 021/783-
449, bijeli.krug@gmail.com, SOS line 0800 63 29 (weekdays 07:30-
19:30)
• SOS RIJEKA – Center for Nonviolence and Human Rights, Verdieva 11, 51
000 Rijeka, 051/211-888, e-mail: centar@sos-rijeka.org, pomoc@sos-ri-
jeka.org
Crimes against humanity and international law include: genocide, war crimes
against civilian population, war crimes against patients and wounded, war crimes
against prisoners of war as well as organizing a group and encouraging the per-
petration of genocide and war crimes. It is about most difficult offenses for which,
according to the international agreements, limitation can not take place.
Victims of war crimes have all the general rights of victims of cri-
minal offenses, and if the particular vulnerability is determined
based on the individual needs assessment, they also have additi-
onal rights described in the chapter Victim in regard to which spe-
cial protection needs have been established (in accordance with
the individual needs assessment which was carried out). Equally,
it needs to be noted that victims of crimes that are punishable by
imprisonment for more than five years have the right to an advi-
It is important to know that the theft where the value of stolen things
is small (Article 228, paragraph 2), theft of trusted or found movable thin-
gs which value is small (Article 232, paragraphs 1, 2, 4), embezzlement of
things or property rights of small value (Article 233, paragraph 3), a fraud
resulting in a small amount of property gain (Article 236 (3) and abuse of
trust (Article 249, paragraph 1), are prosecuted on a private lawsuit , unless
the crimes were committed against state property.
Unauthorized use of someone else’s movable property (Article 234),
damages of someone else’s things (Article 235), fraud (Article 236), Unaut-
horized Game of Chance (Article 237), the abuse of insurance (Article 238)
are criminal offences which are prosecuted upon the motion of the injured
party.
More detailed information on rights, the way of exercising rights, the po-
ssibilities of providing assistance and reporting violence when it comes to
victims of crimes against property, can be obtained by calling the following
telephone numbers and by contacting the e-mail addresses listed below:
• National Call centre for Victims of Crime 116 006 (working days 08:00-
20:00) – Victim and Witness Support Service, pzs@pzs.hr
• Police – 192
• White Circle of Croatia – Ljudevita Posavskog 14, 21 000 Split, 021/783-
449, bijeli.krug@gmail.com, SOS line 0800 63 29 (weekdays 07:30-
19:30)
• Documenta – Centre for Dealing with the Past, 10 000 Zagreb, Croatia,
Selska cesta 112c, 01/4572-398, kontakt@documenta.hr
• Center for Peace Osijek, nenasilje i ljudska prava Osijek, Trg Augusta Še-
noe 1, 31 000 Osijek, Croatia, 031/206-886, centar-za-mir@centar-za-
mir.hr
If the direct victim has died, the relatives of the victim (indirect victims)
More detailed information on rights, the way of exercising rights, the po-
ssibilities of providing assistance and reporting violence when it comes to
WHEN?
• right for compensation due to this Law has immediate and indirect victim.
Immediate victim is a person who has suffered grievous bodily harm or
his/her health has deteriorated as a result of the crime.
Indirect victim is a married couple, a child, parent, foster child, adoptive
parent, stepmother, , stepfather, stepson and a person who lived with
VICTIM RIGHTS:
ADDITIONAL INFORMATION:
ADDITIONAL INFORMATION:
The costs of the procedure are settled from the State budget, the admi-
nistrative fees are not charged, and all the translation and expertise fees are
also settled from the State budget.
In case you have insurance, it can cover part of the damage, if special
conditions for insurance against theft and robbery are met.
Injured party has the right to compensation just for the damages
caused by death, bodily injury or health impairment.
The injured party submits the request for the damage compen-
sation to the DORH who will, if considers the request justified,
make an out-of-court settlement with the victim, and that
settlement has the strength of an enforceable document.
Victims of sexual violence in context of this law about rights of the vic-
tims of sexual violence during the war of independence in a person upon
which are made one or more acts of sexual violence (vaginal, anal, oral, mu-
tilation, violent pregnancy, abortion…) by police, military or civilian who
was forced or persuaded.
Conditions and ways to acquire status and rights of victims of sexual
violence:
REQUEST:
Submit to:
Ministarstvo Hrvatskih branitelja, Trg Nevenke Topalušić 1, 10000 Za-
greb, via mail or email.
https://www.documenta.hr/assets/files/objave/2015-06/Obrazac_Z.pdf
www.documenta.hr
www.centar-za-mir.hr
www.bijelikrug-hrvatske.hr
www.pzs.hr
Documenta – – Centre for dealing with past
Victims and Witness Support Service
ISBN: 978-953-7872-17-5
ISBN: 978-953-56590-2-0