Croatia: Law of 1996 on General Amnesty
|Publisher||National Legislative Bodies|
|Publication Date||5 October 1996|
|Cite as||Croatia: Law of 1996 on General Amnesty [Croatia], 5 October 1996, available at: http://www.refworld.org/docid/3ae6b4de2c.html [accessed 12 December 2013]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
By this Law the general amnesty from criminal prosecution and criminal procedure is granted to the perpetrators of criminal acts committed during the aggression, armed rebellion or armed conflicts, and related to aggression, armed rebellion or armed conflicts in the Republic of Croatia.
The amnesty is applicable in the cases of execution of valid sentences on the perpetrators of the criminal acts as per paragraph 1. of this Article.
Amnesty from criminal prosecution and procedure applies to acts committed in the period from 17 August 1990 to 23 August 1996.
No criminal prosecution shall be instituted and no criminal procedure shall be initiated against the perpetrators of criminal acts referred to in Article I of this Act.
Criminal prosecution already undertaken shall be terminated and criminal procedure already initiated shall be terminated ex officio by the court's ruling.
An arrested person to whom the amnesty under paragraph I of the this Article applies shall be released by the court's ruling.
Exempted from the amnesty referred to in Article 1 of this Act shall be the perpetrators of the most serious violations of humanitarian law having the character or war crimes, specifically; acts of genocide (Article 119), war crimes against civilian population (Article 120), war crimes against the wounded and sick (Article 121), was crimes against prisoners of war (Article 122), organization of instigation of genocide and war crimes (Article 123), unlawful killings and wounding of the enemy (Article 124), illegal seizure of possessions of killed and wounded persons on the battlefield (Article 125), use of prohibited combat means (Article 126), violation of envoys (Article 127), cruel treatment of the wounded. sick and prisoners of war (Article 128), unjustified delay in repatriation of the prisoners of war (Article 129), destruction of cultural and historic heritage (Article 1310), instigation of the war of aggression (Article 131), abuse of international signs (Article 131), racial and other discrimination (Article 133), imposition of slavery and transport or enslaved persons (Article 134), international terrorism (Article 135). endangerment of persons Under international protection (Article 136), taking hostages (Article 137). of the Basic Penal Code of the Republic of Croatia (Official Gazette No. 31/93-consolidated text, 35/93, 108/95, 16/96 and 28/96) and act of terrorism regulated by the provisions of the international law.
Perpetrators of other criminal acts as foreseen by the Basic Penal Code of the Republic of Croatia (Official Gazette, No. 31/93-consolidated text, 35/931, 108/95, 16/96 and 28/96 and the Criminal Law of the Republic of Croatia (Official Gazette No. 32/93 consolidated text, 38/93, 28/96 and 30/96), not committed during the aggression, armed rebellion or armed conflicts or related to the aggression, armed rebellion or armed conflicts in the Republic of Croatia shall be exempted from amnesty.
Persons sentenced in absentia for criminal acts under paragraph 1. of this Article shall be subject to the provision of the Law on Criminal Procedure (Official Gazette No. 34/93 consolidated text, 38/93, 25/94, 28/96) prescribing the renewal of procedure, with the period of time pursuant to Article 398 paragraph 1. of the said Law commencing to run upon entering of this Law into force.
The State Prosecutor cannot lodge the appeal against the court decision based on the Article 2 of this Law, if the court applied amnesty in favour of perpetrators of the criminal acts for which amnesty is granted according to the Law within the frame of legal specification of the criminal act as established by the State Prosecutor.
Minister of Justice is authorized to issue more detailed regulations for the implementation of this Law, if needed.
As of the day this Law enters into force, the following laws will cease to be valid:
1) Law on Amnesty from Criminal Persecution and Procedure for Criminal Acts committed in the Armed Conflict and War against the Republic of Croatia (Official Gazette No. 58/92 and 39/95),
2) Law on Amnesty applicable to the Perpetrators of Criminal Acts committed in the Temporarily Occupied Areas of Vukovar-Srijem and Osijek-Baranya Counties (Official Gazette No. 43/96)
This Law comes into force on the eighth day from its publication in the Official Gazette.