Ombudswoman Tena Šimonović Einwalter participated on 16 September 2026 in a discussion of the Justice Committee of the Croatian Parliament on the Draft Act on Amendments to the Criminal Code.

The proposed amendments would introduce life imprisonment into the Croatian legal system and revise criminal offences and penalties related to environmental protection. The Ombudswoman had previously submitted comments during the public consultation held in August. At the Committee session, Minister of Justice, Public Administration and Digital Transformation Damir Habijan announced further discussions with the Ombudswoman regarding the comments and proposals she had put forward.

Life imprisonment

The Ministry justified the introduction of life imprisonment by the need to more effectively prevent particularly serious criminal offences. It stated that the commission and recurrence of the most serious criminal offences show that, in exceptional cases, fixed-term prison sentences have not achieved their rehabilitative purpose.

From a human rights perspective, the state has an obligation to protect the life and physical integrity of its citizens, and society’s need to respond to the most serious crimes in a manner that protects life and safety is understandable. At the same time, when establishing the most severe criminal sanctions, international human rights standards must be taken into account.

Although life imprisonment as such is not incompatible with the standards of the European Convention for the Protection of Human Rights and Fundamental Freedoms, the case law of the European Court of Human Rights requires that persons sentenced to life imprisonment have a genuine and effective opportunity to have the justification for their continued detention reviewed after a certain period of time.

Such a review must make it possible to assess whether there are still grounds justifying the continuation of the sentence, while continued deprivation of liberty may be justified if the convicted person continues to pose a serious danger to society.

During the enforcement of the sentence, the state should also ensure conditions that enable the rehabilitation of prisoners. In this context, it is necessary to take into account the current situation in the prison system, which the Ombudswoman has repeatedly highlighted in her annual reports to the Croatian Parliament. This particularly concerns overcrowding, insufficient staffing and limited opportunities to implement individualised sentence plans. Additional investment in the prison system is therefore needed, particularly in professional treatment and rehabilitation programmes for persons deprived of liberty.

The proposed amendments would also make it possible to impose life imprisonment on young adults, namely offenders aged between 18 and 21, whom the criminal justice system recognises as a distinct category with regard to the long-term consequences of punishment. Given their age, developmental characteristics and potential for rehabilitation, it would be appropriate to consider providing for a shorter period after which the justification for continued imprisonment could be reviewed or conditional release considered. Continued deprivation of liberty could still be justified where the convicted person continues to pose a serious danger to society.

The Croatian criminal justice system already provides for long-term imprisonment as the most severe fixed-term sentence for the most serious criminal offences. Introducing life imprisonment for the same group, or some of the same offences, raises the question of clearly distinguishing the criteria for imposing one sentence rather than the other. Some European Union Member States provide for life imprisonment but do not have a system of long-term imprisonment equivalent to that under Croatian law. In practice, it will therefore be important to ensure that courts provide detailed reasons in each individual case for imposing life imprisonment instead of long-term imprisonment, including the circumstances that make life imprisonment necessary and proportionate to the seriousness of the specific offence and the offender’s degree of culpability.

Finally, it is particularly important to emphasise that the punitive function of criminal law comes into play only after a criminal offence has already been committed. Effective protection of the life, physical integrity and safety of citizens therefore requires, in addition to the introduction of life imprisonment, the simultaneous strengthening of a range of preventive mechanisms aimed at preventing violence and crime. This includes the timely identification and assessment of risks, an effective institutional response, stronger inter-institutional cooperation, and strengthened systems of support and treatment.

Environmental criminal offences

The amendments transpose Directive (EU) 2024/1203 in relation to criminal liability for the unlawful construction, operation and dismantling of offshore oil and gas installations where such conduct causes or is likely to cause serious damage to the environment or human health. The introduction of this provision is welcome, given the potentially far-reaching harmful effects these installations can have on a clean, healthy and sustainable environment.

However, with a view to ensuring more comprehensive protection of the environment, nature and human health, Croatia has the option of introducing a higher standard than that provided for in the Directive, in accordance with European and national legislation. Directive 2013/30/EU and the Act on Safety in Offshore Exploration and Exploitation of Hydrocarbons show that the concept of offshore oil and gas operations encompasses a broader range of activities, including planning, design, construction, operation, decommissioning and remediation of installations. The Act also lays down an obligation to remove exploitation facilities and remediate related infrastructure once operations have ceased.

Therefore, in order to achieve more complete alignment with the relevant European Union law and applicable national legislation, consideration should be given to expanding the range of acts constituting the offence, taking into account the broader scope of activities covered by Directive 2013/30/EU, particularly with regard to failure to remove or remediate offshore oil and gas installations.

Furthermore, the proposed amendments transpose Directive (EU) 2024/1203 insofar as it requires the sanctioning of conduct which causes or is likely to cause substantial damage to the ecological status or ecological potential of surface waters or to the quantitative status of groundwater.

However, with a view to ensuring more effective protection of the environment, nature and human health, it should also be taken into account that, under Directive 2000/60/EC, the Water Act and the Regulation on Water Quality Standards, the status of surface water and groundwater is assessed not only according to ecological and quantitative indicators, but also according to their chemical status. Chemical status is an integral component of the assessment of water status and is of particular importance for the protection of the environment and human health.

The proposed provisions should therefore be supplemented to also cover substantial damage to the chemical status of surface water and groundwater. Such an approach would ensure more complete alignment with the European Union legal framework and national water legislation and further strengthen the criminal-law protection of the environment.

The Ombudswoman will continue to monitor the process of amending the Criminal Code and, in accordance with her mandate, advocate for the most effective solutions.