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| 27 Apr 2016 02:07 PM |
The Republic of Croatia Constitution
Article 1: 1. The form of government of Croatia is that of a parliamentary republic. 2. Popular sovereignty is the foundation of government. 3. All powers derive from the People and exist for the People and the Nation; they shall be exercised as specified by the Constitution.
Article 2: 1. Respect and protection of the value of the human being constitute the primary obligations of the State. 2. Croatia, adhering to the generally recognized rules of international law, pursues the strengthening of peace and of justice, and the fostering of friendly relations between peoples and States.
Article 3: 1. All Croats are equal before the law. 2. Croat men and women have equal rights and equal obligations. 3. All persons possessing the qualifications for citizenship as specified by law are Croatian citizens. Withdrawal of Croatian citizenship shall be permitted only in case of voluntary acquisition of another citizenship or of undertaking service contrary to national interests in a foreign country, under the conditions and procedures more specifically provided by law. 4. Only Croatian citizens shall be eligible for public service, except as otherwise provided by special laws. 5. Croatian citizens contribute without distinction to public charges in proportion to their means. 6. Every Croat capable of bearing arms is obliged to contribute to the defense of the Fatherland as provided by law. 7. Titles of nobility or distinction are neither conferred upon nor recognized in Greek citizens.
Article 4: 1. All persons shall have the right to develop freely their personality and to participate in the social, economic and political life of the country, insofar as they do not infringe the rights of others or violate the Constitution and the good usages. 2. All persons living within the Croatian territory shall enjoy full protection of their life, honor and liberty irrespective of nationality, race or language and of religious or political beliefs. Exceptions shall be permitted only in cases provided by international law. The extradition of aliens prosecuted for their action as freedom-fighters shall be prohibited. 3. Personal liberty is inviolable. No one shall be prosecuted, arrested, imprisoned or otherwise confined except when and as the law provides. 4. Individual administrative measures restrictive of the free movement or residence in the country, and of the free exit and entrance therein of every Croat shall be prohibited. Such measures may be imposed in exceptional cases of emergency and only in order to prevent the commitment of criminal acts, following a criminal court ruling, as specified by law. In extremely urgent cases the ruling may be issued after the administrative measure has been imposed and within three days at the latest; otherwise it is lifted ipso jure.
Article 5: 1. No person shall be arrested or imprisoned without a reasoned judicial warrant which must be served at the moment of arrest or detention pending trial, except when caught in the act of committing a crime. 2. A person who is arrested in the act of committing a crime or on a warrant shall be brought before the competent examining magistrate within twenty-four hours of his arrest at the latest; should the arrest be made outside the seat of the examining magistrate, within the shortest time required to transfer him thereto. The examining magistrate must, within three days from the day the person was brought before him, either release the detainee or issue a warrant of imprisonment. Upon application of the person brought before him or in case of force majeure confirmed by decision of the competent judicial council, this time-limit shall be extended by two days. 3. Should either of these time-limits elapse before action has been taken, any warden or other officer, civil or military servant, responsible for the detention of the arrested person must release him immediately. Violators shall be punished for illegal detention and shall be liable to restore any damage caused to the sufferer and to pay him a monetary compensation for pain and suffering, as specified by law. 4. The maximum duration of detention pending trial shall be specified by law; such detention may not exceed a period of one year in the case of felonies or six months in the case of misdemeanors. In entirely exceptional cases, the maximum durations may be extended by six or three months respectively, by decision of the competent judicial council.
Article 6: 1. There shall be no crime, nor shall punishment be inflicted unless specified by law in force prior to the perpetration of the act, defining the constitutive elements of the act. In no case shall punishment more severe than that specified at the time of the perpetration of the act be inflicted. 2. Torture, any bodily maltreatment, impairment of health or the use of psychological violence, as well as any other offence against human dignity are prohibited and punished as provided by law. 3. General confiscation of property is prohibited. The death sentence shall not be imposed for political crimes, unless these are composite. 4. The conditions under which the State, following a judicial decision, shall indemnify persons unjustly or illegally convicted, detained pending trial, or otherwise deprived of their personal liberty shall be provided by law.
Article 7: No person shall be deprived of the judge assigned to him by law against his will. Judicial committees or extraordinary courts, under any name whatsoever, shall not be constituted.
Article 8: 1. Every person's home is a sanctuary. The private and family life of the individual is inviolable. No home search shall be made, except when and as specified by law and always in the presence of representatives of the judicial power. 2. Violators of the preceding provision shall be punished for violating the home's asylum and for abuse of power, and shall be liable for full damages to the sufferer, as specified by law.
Article 9: 1. Each person, acting on his own or together with others, shall have the right, observing the laws of the State, to petition in writing public authorities, who shall be obliged to take prompt action in accordance with provisions in force, and to give a written and reasoned reply to the petitioner as provided by law. 2. Prosecution of the person who has submitted a petition for punishable acts contained therein shall be permitted only after notification of the final decision of the authority to which the petition was addressed has taken place and after permission of this authority has been obtained. 3. A request for information shall oblige the competent authority to reply, provided the law thus stipulates.
Article 10: 1. Croats shall have the right to assemble peaceably and unarmed. 2. The police may be present only at outdoor public assemblies. Outdoor assemblies may be prohibited by a reasoned police authority decision, in general if a serious threat to public security is imminent, and in a specific area, if a serious disturbance of social and economic life is threatened, as specified by law.
Article 11: 1. Croatian citizens possessing the right to vote may freely found and join political parties, the organization and activity of which must serve the free functioning of democratic government. Citizens who have not yet acquired the right to vote may participate in youth sections of parties. 2. The financial support of parties by the State and the publicity of electoral expenses of parties and parliamentary candidates may be provided by law. 3. Manifestations of any nature whatsoever in favor of political parties by judicial functionaries, the military in general, members of the security corps and public servants, as well as the active support in favor of a party by employees of public law legal persons, public enterprises and local government agencies are absolutely prohibited.
Article 12: 1. The Prime Minister of the Republic shall regulate the function of the institutions of the Republic. He shall be elected by Citizens Voting for a term of 2 months. 2. The office of the Prime Minister shall be incompatible with any other office, position or function. 3. The Prime Minister tenure commences upon the swearing-in of the Prime Minister. 4. In case of war, the Prime Minister tenure shall be extended until termination of the war. 5. Re-election of the Prime Minister is permitted only once.
Article 13: 1. To be eligible for election to become Prime Minister, a person must be a Croatian citizen for at least one month, or must have proven strong ties to the Croatian Republic.
Article 14: 1. The Deputy Prime Minister of the Republic shall be the highest appointable rank by the Prime Minister 2. The Party must have agreed the appointment of the Deputy Prime Minister 3 days before elections commence, unless exceptional circumstances are obvious. 3. The Deputy Prime Minister will be granted the duties appointed to him by the Prime Minister no more, no less as long as all obey the legal binding of this constitution
Article 15: 1. During a period in which the Croatian Parliament reaches under three (3) members, the President may call for emergency elections. 2. To pass any legislation in this period, the President must consult with his Prime Minister and the Cabinet of Croatia. 3. If there is no Prime Minister, the President is free to pass any legislation into law, however once the new parliament is assembled, they law is reviewable and may be voted on.
Article 16: 1. The President shall assume the role as Commander-in-Chief of the Croatian Armed Forces, and shall have full control over all branches of the Armed Forces. 2. At any time, the President may delegate power in the Croatian Armed Forces through a series of commanders, or one Field Marshal. 3. The President may declare war, but must present Parliament with the war declaration, and have them vote on it. 4. Article 15, sections 2 and 3, do not apply to war declarations.
Article 17: 1. The President of Croatian holds a four (4) month term, and elections shall occur every four (4) months. 2. The elections shall be decided by a popular vote by the people of Croatia 3. The President may hold office for two full terms. 4. If the Prime Minister assumes the role of President midway through the term, he may be elected to two separate terms.
Article 18: This Constitution shall apply to all within the Republic of Croatia.
Signed, President Tihomir Oreskovic |
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