Criminal Protection
Ministry of the Interior of the Republic of Croatia
Police officers of the Ministry of the Interior conduct criminal investigations related to detection and prevention of criminal acts that are subject to public prosecution, thus also criminal acts legally characterised as infringement of intellectual property rights. If there is reasonable doubt of a criminal act subject to public prosecution, corresponding measures and procedures shall be undertaken as provided by special regulations (necessary information is collected from natural and legal persons, documentation and other material evidence is excluded, and evidence actions can be undertaken as well, such as a search of a suspect’s apartment or search of movables like a vehicle, a computer or other electronic data transmission media). In case of a reasonable doubt of a criminal act being committed against intellectual property, criminal charges shall be filed with the Municipal State Attorney’s Office in Zagreb.
State Attorney’s Office of the Republic of Croatia
State Attorney’s Office is a part of the judiciary system of the Republic of Croatia. The Constitution of the Republic of Croatia provides for the State Attorney’s Office being an autonomous and independent judicial body authorised and duty-bound to act against perpetrators of criminal and other penal offences, to undertake legal actions to protect the property of the Republic of Croatia and to submit legal remedies for the protection of the Constitution and the law. The State Attorney’s Office is authorised to persecute perpetrators of criminal offences subject to public persecution and to undertake necessary actions to this effect in order to disclose criminal offences and to find a perpetrator. The State Attorney’s office receives criminal charges, examines their contents, collects additional necessary information and conducts evidence actions, passing a decision on criminal charges after a procedure has been completed. Furthermore, the State Attorney’s Office files and represents indictments before competent courts and it is authorised to file an appeal against court decisions that are not legally binding. In cases of criminal law protection of intellectual property rights, substantive and territorial jurisdiction falls under the Municipal State Attorney’s Office in Zagreb.
Municipal and County Courts
Criminal offences in the Republic of Croatia are settled by municipal courts, county courts and the Supreme Court of the Republic of Croatia. The Municipal Criminal Court in Zagreb has jurisdiction in proceeding with all cases concerning criminal law protection of intellectual property. Indictment for this kind of criminal offences are filed by the Municipal State Attorney’s Office in Zagreb or, in special cases as provided by the law, by an injured person as a plaintiff. An appeal can be filed against judgments of the Municipal Court in Zagreb by a dissatisfied party (a defendant, a municipal state attorney or an injured person as a plaintiff), to be decided by a county court.