Croatia Extradition Law โ€” Case Law, Legal Framework and Procedure

Extradition cases involving Croatia โ€” Requested and Requesting State

๐Ÿ‡ญ๐Ÿ‡ท

Croatia

Croatia Extradition Law & Case Law โ€” 6 cases

1
As requested
state
5
As requesting
state
Case Law
Conversion of EAW proceedings into Extradition proceedings (for offences committed before 7 August 2002) and validation of the provisional arrest
โœ•
Summary
Requests for execution concerning offences committed before 7 August 2002 are governed by the provisions in force prior to the entry into force of the law on the European Arrest Warrant. Therefore, the Court of Appeal failed, when validating the provisional arrest and issuing the custodial measure, in applying the rules governing the European Arrest Warrant, since, in the present case, the applicable framework was that relating to extradition. However, where, during the proceedings, the EAW procedure is โ€œconvertedโ€ into extradition proceedings โ€” together with all the related procedural steps โ€” the fact that the procedure was initially commenced under the rules governing the European Arrest Warrant, rather than under the extradition regime applicable ratione temporis, does not preclude validation of the provisional arrest carried out by the judicial police. Accordingly, once the Minister of Justice has timely requested the continuation of the coercive measure, and the proceedings have been transformed with the application of extradition law instead of the EAW framework, the original custodial measure imposed following validation of the applicantโ€™s arrest must be regarded as entirely lawful.
11/05/2026 ยท Italian Supreme Court ยท 16913/2026
๐Ÿ‡ฎ๐Ÿ‡นItaly โ†’ ๐Ÿ‡ญ๐Ÿ‡ทCroatia
Decision on precautionary measureEAW
EAW and optional nature of the so-called “repatriation clause”
โœ•
Summary
In the context of a procedural European Arrest Warrant, a judge who does not consider it appropriate to make the execution thereof conditional upon the guarantee that the person to be surrendered, following the conclusion of the proceedings, be returned to Italy to serve any custodial sentence or security measure that may be imposed by the issuing State, is required to provide specific reasoning for such a decision, with regard to the social rehabilitation needs of the convicted person, setting out the elements taken into consideration and the relevant assessment criteria.
29/01/2026 ยท Italian Supreme Court ยท 3952/2026
๐Ÿ‡ฎ๐Ÿ‡นItaly โ†’ ๐Ÿ‡ญ๐Ÿ‡ทCroatia
Reversal and remandEAW
EAW and failure to assess allegations on detention conditions
โœ•
Summary
A decision granting extradition must be quashed with remittal where it has failed to consider the documentation produced concerning the current detention conditions in the prison facilities of the requesting state. Case in which the court of appeal did not examine documents describing the living conditions currently existing in croatian penitentiary institutions.
19/02/2016 ยท Italian Supreme Court ยท 9897/2016
๐Ÿ‡ฎ๐Ÿ‡นItaly โ†’ ๐Ÿ‡ญ๐Ÿ‡ทCroatia
Reversal and remandEAW
Country Contributor
Aleksandra Horvat
Aleksandra Horvat Law Office
Aleksandra Horvat is a Croatian criminal defence lawyer with extensive experience in criminal law, European criminal law and cross-border criminal matters.
She graduated from the Faculty of Law of the University of Rijeka in 2007 and passed the Croatian Bar Exam in 2010. She is currently attending postgraduate studies in criminal law sciences at the Faculty of Law of the University of Zagreb, where she has completed all examinations and is preparing her masterโ€™s thesis.
In 2012, she started her independent legal practice by opening her own law office. From 2015 to 2023, she was a founder and partner of the law firm Grahovac, Horvat, ลฝaper d.o.o. On 6 December 2023, she established the Law Office of Aleksandra Horvat. Since May 2024, she has also been a permanent associate of the law firm Gajski, Grliฤ‡, Prka and Partners d.o.o.
Her professional work is focused on criminal defence, with a particular interest in European criminal law, international cooperation in criminal matters and proceedings involving cross-border elements, including extradition and European Arrest Warrant cases.
She has participated in numerous domestic and international conferences, seminars and training programmes in the fields of criminal law and European criminal law. She speaks English fluently and is further developing her professional knowledge of German and Italian.
Aleksandra Horvat is a member of the Croatian Bar Association and the Croatian Association for Criminal Sciences and Practice. She is also a member of the International Association of Penal Law (AIDP/IAPL), the European Criminal Bar Association (ECBA), and European Fraud and Compliance Lawyers (EFCL).
Need legal assistance?

Extradition proceedings involving Croatia

Contact a specialist lawyer with proven experience in extradition cases.

Contact โ†’