The final proposals for the Act on Amendments to the Misdemeanour Act and the Act on Judicial Cooperation in Criminal Matters with EU Member States were presented to the Parliament by Minister Damir Habijan and debated in second reading
The possibility of paying two thirds of the fine imposed upon judgment abolished
As the Minister pointed out, the amendments to the Misdemeanour Act are primarily aimed at continuing the digitalisation of the judiciary, i.e. introducing the e-Communication system in misdemeanour proceedings, which are now the only type of judicial proceedings without the electronic communication.
‘The obligation of e-Communication will apply to state bodies, local and regional self-government units, the state attorneys’ offices, attorneys, court experts, court interpreters and legal persons when lodging submissions to the court, while natural persons, including defendants and injured parties, will not be subject to this system’, the Minister said.
The proposed amendments also increase the monetary thresholds for specific misdemeanours.
Offenders will also feel significant changes, as criminal policy is being tightened. The maximum fine under a mandatory misdemeanour order is to be increased from 663.61 to 1,000 euros, the maximum spot fine increased from 265.45 to 380 euros. In addition, the upper limit of the fine for offences for which a written or oral warning may be issued instead of a penalty is increased from EUR 132.72 to 300 euros.
The Minister singled out as one of the most important novelties the abolition of the possibility of paying two thirds of the fine imposed by a final judgment or a judgment confirming the misdemeanour order after rejection of the complaint. The amendment should contribute to reducing the number of misdemeanour cases before the courts.
The law also introduces mandatory sound recording of hearings in misdemeanour proceedings from 1 July 2027, which will make all court proceedings covered by this system. The implementation requires the technical equipping of additional 212 courtrooms, for which €2.1 million has been provided in the 2026 financial plan.
The legislative amendments also propose to extend the circle of persons entitled to lodge a complaint against a misdemeanour order, so that the authorised claimant who brings a misdemeanour charge will also have this right.
More efficient cross-border judicial cooperation and greater legal certainty
Minister Habijan recalled that on 29 May 2026 the Croatian Parliament unanimously accepted the Proposal for the Act on Judicial Cooperation in Criminal Matters with EU Member and pointed out that the current law had been adopted in 2010 and entered into force on 1 July 2013, with the accession of Croatia to the European Union.
Since then, it has been amended eight times, which is why, as he said, a new full legal text has been created, which combines the existing solutions, eliminates the observed shortcomings and ensures that the legal framework is more transparent.
He stressed that the Final Proposal also incorporated into Croatian legislation the implementing provisions necessary for the application of the Regulation on the transfer of proceedings in criminal matters, which will start to apply from 1 February 2027.
"The application of the Regulation will make it possible to conduct criminal proceedings between the Member States of the European Union more efficiently when this is in the interests of justice and the efficiency of proceedings", the Minister highlighted.
Referring to the debate during the first reading and at the meeting of the competent parliamentary committee, the Minister clarified that the proposed Act would not introduce new competences or new forms of action in relation to the existing system, which is why its implementation would not require significant additional budgetary resources.
He added that the Ministry of Justice, Public Administration and Digital Transformation would continue to monitor the implementation of the Act and, if necessary, continue to strengthen administrative, personnel and technical capacities.
Speaking about the protection of fundamental rights of persons involved in judicial cooperation procedures, he pointed out that those rights were already fully guaranteed by the Constitution of the Republic of Croatia, international treaties, the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms.
At the end of his presentation, the Minister also referred to the proposal made during the first reading to extend the time limit for appeal against the decision to take over the prosecution from three to seven days. He explained that the proposal was not accepted because the existing three-day deadline was in line with the provisions of the Criminal Procedure Act.
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