Personal and Political Liberties and Rights

- Constitution of Croatia

Personal and Political Liberties and Rights - Constitution of the Republic of Croatia. Government and Croatian Laws.

Personal and Political Liberties and Rights

2. Personal and Political Freedoms and Rights

Every human being shall have the right to life.
In the Republic of Croatia there shall be no capital punishment.

Man's freedom and personality shall be inviolable.
No one shall be deprived of liberty, nor may his liberty be restricted, except when so specified by law, which shall be decided by a court.

No one shall be subjected to any form of maltreatment or, without his consent, to medical or scientific experiments.
Forced and obligatory labor shall be forbidden.

No one shall be arrested or detained without a written court order based on law. Such an order shall be read and given to the arrested person at the moment of arrest.
The police may without a court order arrest a person reasonably suspected of having committed a serious criminal offense defined by law, and shall immediately hand him over to the court. The arrested person shall be immediately informed in a way understandable to him of the reasons for arrest and of his rights determined by law.
Any person arrested or detained shall have the right to appeal to the court, which shall without delay decide on the legality of the arrest.

Any arrested and convicted person shall be treated in a humane manner and his dignity shall be respected.
Anyone who is detained and accused of a penal offense shall have the right within the shortest term specified by law to be brought before a court, and within the statutory term to be acquitted or convicted.
A person in custody may be released on legal bail to defend himself.
Any person who has been illegally deprived of liberty or convicted shall, in conformity with law, be entitled to damages and a public apology.

All citizens and aliens shall be equal before courts, government bodies and other bodies vested with public powers.

The Bar as an autonomous and independent service shall provide citizens with legal aid, in conformity with law.

Everyone shall be presumed innocent and may not be considered guilty of a penal offense until his guilt has been proved by a final court judgement.

Anyone suspected or accused of a penal offense shall have the right:

to a fair trial before a competent court specified by law;
to be informed of the reasons for the charges brought against him and of the evidence incriminating him within the shortest possible term;
to a defense attorney and free communication with him, and to be informed of this right;
to be tried in his presence if he is accessible to the court, and to defend himself by himself or with the assistance of the defense counsel chosen by him;

A charged and accused person shall not be forced to testify against himself or to admit his guilt.
Illegally obtained evidence shall not be admitted in court proceedings.

A penal judgement for a serious and exceptionally dishonorable penal offense may, in conformity with law, have as a consequence loss of acquired rights or a ban on acquiring, for a specific time, certain rights to the conduct of specific affairs, if this is required for the protection of legal order.

No one shall be punished for an act which before its perpetration was not defined by law or international law as a punishable offense, nor may he be sentenced to a punishment which was not defined by law. If after the perpetration of an act a less severe punishment is determined by law, such punishment shall be imposed.
No one may again be tried for an act for which he was already sentenced and for which a final court judgement was passed.
No criminal proceedings shall be renewed against a person acquitted by a final court judgement.

Anyone who legally finds himself in the territory of the Republic shall have the right freely to move and choose a residence.
Every citizen of the Republic shall have the right at any time to leave the state territory and permanently or temporarily to settle abroad, and at any time to return home.
The right of movement within the Republic and the right to enter or leave it may exceptionally be restricted by law, if this is necessary to protect the legal order, or the health, rights and freedoms of others.

Foreign citizens and stateless persons may obtain asylum in Croatia, unless they are prosecuted for non-political crimes and activities contrary to the basic principles of international law.
No alien who legally finds himself on the territory of the Republic shall be banished or extradited to another state, unless a decision made in accordance with an international agreement or law is to be enforced.

Homes shall be inviolable.
Only a court may by a warrant based on law and a statement of reasons order the search of a home or other premises.
The tenant concerned shall have the right, personally or through his representatives and two obligatory witnesses, to be present at the search of his home or other premises.
Subject to conditions spelled out by law, police authorities may even without a court warrant or consent from the tenant enter his home or premises and carry out a search in the absence of witnesses, if this is indispensable to enforce an arrest warrant or to apprehend the offender, or to prevent serious danger to life or major property.
A search aimed at finding or securing evidence, which there is reasonable probability to believe is to be found in the home of the perpetrator of a penal offense, may only be carried out in the presence of witnesses.

All citizens shall be guaranteed respect for and legal protection of personal and family life, dignity, reputation and honor.

Freedom and secrecy of correspondence and all other forms of communication shall be guaranteed and inviolable.
Restrictions necessary for the protection of the Republic's security and the conduct of criminal proceedings may only be prescribed by law.

Everyone shall be guaranteed the safety and secrecy of personal data. Without consent from the person concerned, personal data may be collected, processed and used only under conditions specified by law.
Protection of data and supervision of the work of information systems in the Republic shall be regulated by law.
The use of personal data contrary to the purpose of their collection shall be prohibited.

Freedom of thought and expression of thought shall be guaranteed.
Freedom of expression shall specifically include freedom of the press and other media of communication, freedom of speech and public expression, and free establishment of all institutions of public communication.
Censorship shall be forbidden. Journalists shall have the right to freedom of reporting and access to information.
The right to correction shall be guaranteed to anyone whose constitutionally determined rights have been violated by public communication.

Any call for or incitement to war, or resort to violence, national, racial or religious hatred, or any form of intolerance shall be prohibited and punishable.

Freedom of conscience and religion and free public profession of religion and other convictions shall be guaranteed.

All religious communities shall be equal before the law and shall be separate from the state.
Religious communities shall be free, in conformity with law, publicly to perform religious services, open schools, teaching establishments or other institutions , social and charitable institutions and to manage them, and shall in their activity enjoy the protection and assistance of the state.

All citizens shall be guaranteed the right to peaceful assembly and public protest.

Citizens shall be guaranteed the right to free association for the purposes of protection of their interests or promotion of social, economic, political, national, cultural and other convictions and objectives. For this purpose, citizens may freely form political parties, trade unions and other associations, join them or leave them.
The right to free association shall be restricted by the prohibition of any violent threat to the democratic constitutional order and the independence, unity and territorial integrity of the Republic.

Every citizen of the Republic shall have the right, under equal conditions, to take part in the conduct of public affairs, and have access to public service.

All citizens of the Republic who have reached the age of eighteen years shall have universal and equal suffrage. This right shall be exercised at direct elections by secret ballot.
In elections for the Croatian Parliament and the President of the Republic, the Republic shall ensure suffrage to all citizens who at the time of the elections find themselves outside its borders, so that they may vote in the states in which they find themselves or any other way specified by law.

All citizens shall have the right to submit petitions and complaints, to make proposals to government and other public bodies and to receive answers thereto.

Military service and the defense of the Republic shall be the duty of all citizens able to perform it.
Conscientious objection shall be allowed to all those who for religious or moral beliefs are not willing to participate in the performance of military duties in the armed forces. Such persons shall be obliged to perform other duties specified by law.

Historical Foundations

Basic Provisions

Fundamental Freedoms And Rights Of Man And Citizen

Common Provisions

Personal and Political Liberties and Rights

Economic Social and Cultural Rights

Organisation of Government

Croatian Parliament

President of the Republic of Croatia

Government of the Republic of Croatia

Judicial Power

Public Prosecution Service