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CROATIA

VIEWS: 3 PAGES: 3

									    COMMITTEE OF EXPERTS ON TERRORISM (CODEXTER)
    CYBERTERRORISM – THE                       USE OF THE         INTERNET         FOR     Kapitel 1
    TERRORIST PURPOSES

    CROATIA
April 2007                                                                               www.coe.int/gmt

A. National policy

1.     Is there a national policy regarding the analysis, detection, prosecution and prevention
       of cybercrime in general and the misuse of cyberspace for terrorist purposes in
       particular? lf yes, please briefly describe it.

The possible misuse of the Internet for terrorist purposes is a topic that will be covered in more
detail in the National Strategy for Suppression of Terrorism which is expected to be adopted in the
near future. Various acts of terrorism are proscribed within the Croatian Penal Code, as has
already been stated in Croatia’s Country Profile.1


B. Legal framework

2.     Does your national legislation criminalise the misuse of cyberspace for terrorist
       purposes, and
       a. are these offences specifically defined with regard to the terrorist nature or technical
       means of committing the crime, or
       b. is the misuse covered by other, non-specific criminal offences?
       How are these offences defined and which sanctions (criminal, administrative, civil) are
       attached?

Croatian legislation has no specifically defined cyberterrorism offences. Moreover, the means used
to commit terrorist acts or terrorism-related actions, including possible misuse of the Internet or
computer systems, are not influential in the prosecution of criminal offences related to terrorism.

3.     Do you plan to introduce new legislation to counter terrorist misuse of cyberspace?
       What are the basic concepts of these legislative initiatives?

The planned drafting of amendments to the Penal Code may take into consideration this specific
phenomenon.

4.     What are the existing national practices in the field of detecting, monitoring and closing
       down websites used for terrorist purposes?

There are no existing national practices in this field since thus far there is no record of a concrete
case of a website supporting terrorism appearing on the Internet in Croatia. However, tools and
mechanisms for blocking such sites and/or providing additional surveillance of Internet users who
visit suspected websites are already in place and can be used after obtaining a warrant from the
competent court.



1
    Country profiles are available at www.coe.int/gmt.


                                      For further information please see the Country
                                      profiles on counter-terrorism capacity at
                                      www.coe.int/gmt.
                                      Pour plus de renseignements, veuillez consulter
                                      les Profils nationaux sur la capacité de lutte
                                      contre le terrorisme: www.coe.int/gmt.
                                                   2


5.   Does your national legislation provide criteria for establishing jurisdiction over such
     offences? What are those criteria?

As in the answer to question 2, the relevant part of Croatia’s national legislation is available in its
Country Profile (under the chapter on Jurisdiction and Criminal Proceedings).

6.   Does your national legal system establish ancillary offences related to the misuse of
     cyberspace?

All of the offences proscribed in the Cybercrime Convention (to which Croatia is a State Party and
which has been in force in Croatia since 1 July 2004), with the exception of offences that can
generally be described as cyberterrorism, are incorporated into the domestic legal framework.

7.   What kind of national procedures do you have for submitting an application on the
     activities of Internet-providers and/or hosting companies, to deprive a user from a
     domain name or to cancel his/her/its registration or Iicence?

To obtain information on a website user/owner and his/her IP address from Internet providers
and/or hosting companies, the only requirement is an official request by the Ministry of the Interior
(a court order is not necessary).

8.   What non-legislative measures do your have in your country to prevent and counter
     terrorist misuse of cyberspace, including self-regulatory measures?


C. International co-operation

9.   Please describe the general framework for international co-operation regarding the
     misuse of cyberspace for terrorist purposes.

International co-operation, at police level, is efficiently conducted within the framework of Interpol
and Europol and on the basis of signed bilateral agreements. Moreover, mutual legal co-operation
is under the competence of the Ministry of Justice and is covered by the international legal
instruments to which the Republic of Croatia is a State Party and through domestic legislation – the
Penal Code, the Criminal Procedures Act and, most notably, the Act on International Legal
Assistance in Criminal Matters.

10. What are the existing practices and experiences with regard to international co-
    operation, in particular in relation to the procedures described in question 4?

There are no official records of such co-operation.


D. Institutional framework

11. Please list the institutions that are competent for countering terrorist misuse of
    cyberspace.

The Ministry of the Interior of the Republic of Croatia.

12. Are there any partnerships between the public and private sectors (Internet-service
    providers, hosting companies, etc.) to counter terrorist misuse of cyberspace?

With regard to preventing misuse of the Internet, the competent Croatian authorities find there is an
excellent working relationship with the Internet providers and hosting companies, as well as with
other civilian Internet users, in mutual exchanges of information on illegal use of Internet. There is
nothing to suggest that there would not be the same excellent co-operation if a case of
cyberterrorism was uncovered.
                                                3




E.   Statistical information

13. Please provide relevant statistics on offences relating to the misuse of cyberspace for
    terrorist purposes (including possibly: cases recorded, investigated, brought to court,
    convictions, victims etc.).

14. Where possible, please describe briefly the profile of offenders typically involved in the
    misuse of cyberspace for terrorist purposes (professional background, gender, age,
    nationality), and possible typical organisational characteristics, including trans-national
    Iinks and Iinks to other forms of organised crime.

Since no cases of terrorist misuse of the Internet have been officially recorded in the Republic of
Croatia, no statistics or offenders’ profiles are available at this moment.

								
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