139th Government session: Acceleration of criminal proceedings and Croatia’s accession to Global Partnership on Artificial Intelligence

State Secretary Ivan Crnčec presented the Draft Final Proposal of the Act on Amendments to the Criminal Procedure Act and a Proposal for a Decision on Croatia's accession to the Global Partnership on Artificial Intelligence

State Secretary Crnčec pointed out that the proposed amendments to the Criminal Procedure Act address the key reasons for lengthy criminal proceedings, while the decision to join the GPAI represents the inclusion of Croatia in the global initiative for the responsible development and application of artificial intelligence.

Amendments to the Criminal Procedure Act: speeding up procedures and implementing the judgement of the Court of Justice of the EU

‘The two main reasons why we propose to amend this law are, firstly, to speed up criminal proceedings and, secondly, to implement the judgment of the Court of Justice of the European Union in the Hann-Invest case," the State Secretary said.

The Ministry had, as he explained, detected the points of criminal proceedings that contribute most to the lengthiness of proceedings, among which were the waiting for the decision of a higher court on an appeal against a decision on the (non-)exclusion of unlawfully obtained evidence, successive agreements and problems with service.

Special emphasis was placed on the stage of the indictment panel, in which, according to experience, the greatest delays occur. The proposed changes include empowering a single judge (chair of the indictment panel) in cases for offences punishable by a fine or imprisonment of up to five years, and redefining the concept of indictment panel sessions to make decision-making more efficient.

The amendments also introduce the possibility of holding indictment panel sessions by video-link, without the participation of the parties, thus preventing delays caused by non-appearances and frequent delays.

‘In the future, sessions of the indictment panel will be held by video-link, without the participation of the parties, which will prevent significant delays’, the Secretary of State noted, adding that there were two exceptions: in cases of the delivery of a judgment based on a plea agreement and a preliminary ruling on the legality of the evidence.’

Unlawful evidence and appeals: A more precise and efficient solution

One of the key novelties concerns a change in the concept of unlawful evidence, with the aim of allowing the court to carry out a broader review of whether a breach of law has occurred in a specific case.

Furthermore, the number of so-called ex lege unlawful pieces of evidence is being reduced in situations where there is a violation of the procedural form without affecting the rights of the defence and the efficiency of the procedure.

In accordance with one of the OECD recommendations, a solution is also proposed whereby no special appeal is allowed against a decision on the (non-)exclusion of evidence, unless the court decides otherwise.

Implementation of the judgment in the Hann-Invest case: a mechanism for harmonising case law

As regards the judgment of the Court of Justice of the European Union in the Hann-Invest case, it is proposed to further strengthen the mechanisms for harmonising case law, as a follow-up to the amendments already made to the Courts Act and the Civil Procedure Act.

‘We are now putting in place a mechanism of extended judicial panels in the criminal sphere too, in relation to extraordinary appeals to the Supreme Court’, said the State Secretary.

In the final part of the amendments, it is also proposed to address the shortcomings noticed in practice when deciding to replace a precautionary measure with pretrial detention.

Croatia to join the Global Partnership on Artificial Intelligence (GPAI)

At the same Government session, a Proposal for a Decision on Consent for the Accession of the Republic of Croatia to the Global Partnership on Artificial Intelligence (GPAI) was discussed. The GPAI is an international initiative dedicated to the responsible development and use of artificial intelligence.

The initiative was proposed by Canada and France at the 2018 G7 Summit and officially launched in 2020. It currently has 44 member countries, including all 38 OECD member states and six other countries.
‘The Decision would authorise the Ministry to submit a letter of intent, complete the application form and, as the national coordinator, nominate national experts and coordinate between different institutions’, said State Secretary Crnčec.

Funds for the annual membership fee of 20,000 euros have been secured in the state budget.

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