Professional paper
https://doi.org/10.54070/hljk.32.2.5
PRECAUTIONARY MEASURES AND THE PROTECTION OF VICTIMS’ RIGHTS IN THE CONTEXT OF AMENDMENTS TO THE CRIMINAL PROCEDURE ACT
Eva Horak
orcid.org/0009-0008-4722-8391
; Županijski sud u Zagreb, Hrvatska
Abstract
One of the key points of the recent amendments to the Croatian Criminal Procedure Act is
the increased and more effective protection of victims’ rights—particularly in cases involving
criminal offences committed against women and close persons to the accused person.
The alarming number of criminal offences targeting these vulnerable demographic groups
has led to the legislative recognition of new criminal offences, including femicide and aggravated
homicide of a close person, as introduced through amendments to the Criminal Act.
In each case, when deciding on restrictions to the accused person’s rights, the principle
of proportionality must be observed. At the same time, it is essential to ensure the effective
protection of the victim and their rights. When considering the replacement of detention with
precautionary measures under Article 98 of the Criminal Procedure Act, the State Attorney’s
Office or the court must evaluate not only the existing circumstances but also potential future
changes that could jeopardise the victim’s rights. Moreover, during every review of imposed
precautionary measures, the current situation must be adequately assessed, and any changed
circumstances duly considered, in order to determine whether the measures should be continued,
revoked, or replaced with detention. Additionally, it is crucial to ensure that the victim is
properly informed. This paper examines precautionary measures from a procedural perspective,
particularly in relation to the victim’s position, the legislative amendments concerning
the protection and enhancement of victims’ rights, as well as the challenges encountered in
judicial practice.
Keywords
Hrčak ID:
342378
URI
Publication date:
1.12.2025.
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