How to complain and obtain compensation for the unlawful search and seizure of data and devices during investigative actions?
A search can be applied only with the permission of the investigative judge or a court, in the form of a decision, while a seizure can be allowed by the decision of the person directing the proceedings, usually the investigator.
For most special evidentiary actions, the primary avenue for appeal is the judicial system. The court and procedure specifics hinge on the action's nature and the challenged decision. You can therefore:
- Appeal against action authorization: If you contest the authorizing court’s decision, appeal to a higher court, typically the County Court (Županijski sud) within its jurisdiction
- Challenge action legality during ongoing proceedings: If the action serves as evidence in legal proceedings, express concerns about its legality within those proceedings. This may entail filing a motion to suppress evidence or challenging the court's jurisdiction
- Constitutional Court Appeal: If you believe the action significantly violates your fundamental rights under the Croatian Constitution, potentially appeal to the Constitutional Court of the Republic of Croatia (Ustavni sud Republike Hrvatske)
The process of appealing special investigative actions in Croatia varies based on the type of action and the contested decision. Nevertheless, If notified of the special investigative action, address concerns directly with the investigating authority or the authorizing court. Clearly articulate why you believe the action is unlawful and seek clarification or reconsideration.
Appealing the decision of the investigative judge, court or person directing the criminal proceedings
You can appeal the decision taken by the investigative judge, to the chairperson of a court of general jurisdiction. The chairperson of a court of ordinary jurisdiction will make the final decision, which cannot be appealed.
If the decision was made by a court, you can appeal it to the next, higher level court of general jurisdiction. Further, the decision taken by a person directing criminal proceedings, who is usually an investigator, can be challenged before a supervising public prosecutor. You can complain in either written or oral form, and in the latter case, your oral arguments should be entered in the minutes and signed by you and the person who prepared them. If you do not understand Croatian, the language in which the criminal proceedings and decisions take place, you have the right to submit your complaint in the language that you understand. You can file a complaint at any time during the pre-trial criminal proceedings before the criminal case has been submitted to the court.
Challenging the investigative action
The person directing the proceedings, usually the investigator, or institutions and persons assigned by him/her, are empowered to carry out special investigative actions.
You can appeal to:
- the person directing the proceedings, namely, the investigator if the action has been performed by another person acting under the investigator’s assignment (a member of an investigative group or the executor of a procedural task).
- the supervising public prosecutor if the action was performed by the investigator.
If you do not agree with the decisions taken by either the supervising public prosecutor or the person directing the proceedings, you can appeal to a public prosecutor of higher rank whose decision is final and not subject to appeal.
You can complain in either written or oral form, and in the latter case, your oral arguments should be entered in the minutes and signed by you and the person who prepared them. If you do not understand Croatian, the language in which the criminal proceedings and decisions take place, you have the right to submit your complaint in the language that you understand. You can file a complaint at any time during the pre-trial criminal proceedings before the criminal case has been submitted to the court.