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Europe: EAW, extradition, Red Notice

Arrested in Zagreb: 48 hours, and a six-hour right of appeal

by Massimo Romano3 min readupdated 2026-08-05
European institutional architecture
Direct answer

Croatian procedure lets the prosecutor order detention for a short fixed period, and gives the person detained a right of appeal that must be exercised within a window measured in hours, after which the investigative judge must rule within hours as well. It is the shortest remedy window in the European Union and it is almost never used, because nobody knows it exists. The judge may also grant the prosecutor a further period for gathering evidence, and arrest warrants are issued by a judge or prosecutor on evidence except where the person is caught in the act.

That window is not a realistic period for somebody just detained in a foreign country to organise anything alone. It becomes realistic only where a lawyer is instructed immediately, which is the practical reason the opening telephone call matters more here than almost anywhere in Europe.

Avv. Massimo Romano — Ordine degli Avvocati di Napoli n. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954

In brief

  • Only prosecutors may order the initial detention, and the decision they make is itself appealable rather than simply endured until a hearing.
  • The appeal window is measured in hours, which means it expires while most people are still working out where they are and whom to call.
  • The investigative judge must rule on that appeal within a short period, so the remedy is genuinely fast once it is actually filed.
  • A further period for gathering evidence can be granted to the prosecutor by the judge, which extends the time before the position stabilises.
  • A warrant is issued by a judge or prosecutor on evidence, except where the person was caught in the act, and the basis relied on should be identified at once.
  • The lawfulness of the detention can be challenged in court as a constitutional guarantee, separately from the appeal against the prosecutor's decision.
  • Transit on the corridor between central Europe and the Adriatic produces vehicle stops, customs files and narcotics cases involving non-residents.
  • Property and investment disputes involving foreign buyers turn into fraud complaints with some regularity, and the coastal season adds nightlife and drink driving files handled in the local districts under these same national rules.

The Croatian clock

Step · Rule · Note
StepRuleNote
Detention by the prosecutorUp to 48 hoursOnly prosecutors may order it
Appeal against that decisionWithin six hoursBy the detainee
The investigative judge decidesWithin eight hours of the appeal
Extension for gathering evidenceA further 36 hoursOn the prosecutor's request, by the judge
Arrest warrantsIssued by a judge or prosecutor on evidenceExcept when caught in the act
Challenge to lawfulnessAvailable in courtConstitutional guarantee

Six hours is not a realistic period for someone who has just been detained in a foreign country to organise anything alone. It is realistic only if a lawyer is instructed immediately — which is the practical reason the first phone call matters more here than almost anywhere in Europe.

What actually happens in Zagreb

  • Nightlife in the centre and Tkalčićeva: fights, public order, theft accusations.
  • Transit on the corridor between central Europe and the Adriatic, producing vehicle stops, customs and narcotics cases.
  • The coastal season. Cases arising on the islands and the coast — including the festival scene — are dealt with in the local districts, but the national rules are these.
  • Drink driving, with a low threshold and heavy enforcement in summer.
  • The airport: customs, luggage and arrests on international alerts.
  • Property and investment disputes involving foreign buyers, which turn into fraud complaints.

Where an Italian lawyer comes in

Only a lawyer admitted in Croatia can appear before its courts. The Italian side covers the rest: selecting and briefing that lawyer, explaining the position to the family in their own language, and handling anything with an Italian end — a parallel proceeding, a warrant issued by Italy, an alert in circulation. The model is in how a correspondent case is run.

Everything in the opening stage here is governed by very short periods, and knowing which one is running determines what can still be done.

StepWho actsWhy the timing matters
Detention orderedThe prosecutor aloneIt starts the appeal window immediately
Appeal against the orderThe person detained, through counselThe window is measured in hours and does not revive
Decision on the appealThe investigative judgeComes quickly, so the grounds must be ready
Extension for gathering evidenceThe judge, on the prosecutor's requestLengthens the period before the position settles
Challenge to lawfulnessCounsel, in courtA separate route from the appeal itself

Frequently asked questions

How long can I be held in Croatia?

The prosecutor may order detention for up to forty-eight hours, extendable by a further thirty-six on the investigative judge's decision for gathering evidence.

Can I challenge the detention?

Yes, within six hours of the prosecutor's decision. The investigative judge then has eight hours to rule. It is the shortest window in the Union.

Who can order an arrest?

A judge or a prosecutor, on evidence, except where the person is caught in the act of committing an offence.

What if the case arose on the coast?

The national rules are the same throughout Croatia; the case is dealt with in the district where it arose.

If this is happening now

First contact is free and covered by professional privilege, at any hour including nights and holidays.

Use the appeal window or prepare for the judge

Croatian procedure puts a very short remedy in front of a person who has barely understood what is happening, and the decision whether to use it often has to be taken by a relative, or by a lawyer who has not yet seen a page of the file. Treat it as a real choice with a price on each side, not as a box to tick. The alternatives look like this.

  • Appeal immediately. The price is speed over preparation: whatever is filed will be written with almost no information about the case, probably through an interpreter, and it can harden the prosecutor's position early. The gain is that the investigative judge must look at the detention quickly, and your objection is on the record from the start.
  • Let the window pass and prepare for the judge's hearing. The price is that you give up a remedy that exists on paper and is rarely used. The gain is that a lawyer who has been properly instructed, with documents on residence, work, family and travel plans, is better placed to argue when the judge considers whether detention should go on.
  • Say nothing of substance until a lawyer is present. Whichever route is chosen, this costs very little. What is said in the opening hours is written down in a language the person may not read, and it is quoted back at every later stage.

The family's task is not to pick the route. It is to find out which authority holds the person, whether a written decision has been served, whether anyone has asked for a lawyer, and then to pass those facts on quickly. A phone call in the right order is worth more than a long message that arrives after the window has closed.

Who finds this page after a Zagreb arrest

A call from a Croatian number, or from a friend who was travelling with the detained person, is how most of these stories begin. Someone who was meant to be on a flight home or at a meeting is in police hands, and the only fact anyone has is the name of the city. The situations below are the ones that recur, and each reader needs something different from the opening conversation with a lawyer.

  • The traveller stopped on the road or at a crossing. A document check, a vehicle search or an old alert turns into an arrest, and the person is moved to the capital because that is where the prosecutor and the investigative judge sit. This reader needs to know what happens to the vehicle and the passport, and who can speak for them.
  • The relative at home in Italy. You have a given name, a city, and perhaps a lawyer's number supplied by the police. You do not know whether that lawyer was chosen by the detainee or simply assigned, and you do not know what has already been signed.
  • The recipient of a paper in Croatian. A notification, a decision or a summons has arrived by hand or by post and you cannot tell whether it is final, whether it invites you to attend, or whether it carries a deadline that is already running.

What these readers share is a shortage of time and a shortage of translation. The aim of this page is to give you the shape of the Croatian process, so that your earliest calls go to the right people, and so that you can recognise when the real problem is a deadline rather than the accusation.

Because the window is so short, the opening call has to produce specific information rather than reassurance.

What is needed immediatelyWho can supply itWhat it makes possible
The exact hour of the detentionThe person held, or the officer's recordCalculating what remains of the window
The authority that ordered itThe document handed overDirecting the appeal to the right place
The accusation statedThe notification given at the stationFraming grounds that address it
Whether a warrant existedThe papers, or the circumstances of the arrestKnowing whether the basis is evidence or flagrancy
Instruction of local counselThe person held, or a relativeAnything at all; without it nothing can be filed

What a Zagreb detention does to work, papers and home

Detention in the Croatian capital reaches into ordinary life faster than most people expect. An employer who learns that an employee is held abroad may suspend duties, end a contract still in its trial period, or simply stop answering. Freelancers lose clients within days, because deliveries stop and nobody else has access to the accounts. A person who was travelling for work leaves a desk, a team and a customer waiting for answers nobody can give.

Travel is the next casualty. A passport can be retained by the authorities, which strands the person even after release, and a return flight booked months ago is lost. If the person was driving, the vehicle may be held as evidence or left in a car park that charges by the day.

At home, the weight falls on the family:

  • Rent, instalments and utilities keep running while income stops, so someone with access to the accounts needs to know what is due and when.
  • Children may need an explanation, and schools or nurseries need to be told who collects them.
  • Residence and work permits for family members who are not Italian can be affected if the detained person was the sponsor or the main earner.
  • Bank cards used abroad may be blocked after unusual activity, which complicates paying a local lawyer.

None of this is a legal argument, yet a careful defence takes it seriously, because a stable address, a job and family ties are exactly what a judge is asked to weigh when deciding whether detention is needed at all.

Mistakes that weaken the Croatian position

Several habits that feel natural in the opening hours do lasting damage in a system that moves as quickly as this. The points below concern behaviour, not law, and every item is easy to avoid if the family agrees on it before the next phone call.

  • Do not sign a record you cannot read. A translated summary read aloud is not the document you are signing. Ask for the text, ask the interpreter to read it in full, and ask for corrections to be noted on the page.
  • Do not explain yourself in order to be helpful. The prosecutor is deciding about detention on the strength of what is on the file. An improvised story, even a truthful account, can contain gaps that later look like lies.
  • Do not discuss the case on the phone from the police station. Calls may be heard or noted, and relatives who repeat what they were told create a parallel version of events.
  • Do not post or message about the arrest. Group chats and social media are collected, and a worried comment from a friend can be read as an admission or as an attempt to coordinate accounts.
  • Do not delete anything from a phone or computer. Deletion looks like concealment, can often be recovered, and destroys messages that might help the person.
  • Do not pay anyone who calls offering to fix it. Intermediaries who promise quick release appear in almost every arrest abroad, and they target frightened families.

Give a person in the family the job of being the contact for the lawyer and the embassy, and ask everybody else to stay quiet.

The folder to build before the lawyer calls back

A lawyer working across a border can do little without facts, and the best use of the family's evening is to collect them in a form that can be sent in minutes. Photographs taken with a phone are enough at this stage; originals can follow when the lawyer says which ones matter. Put everything in a shared folder and note who supplied each item and when.

  • Identity of the detained person: full name exactly as it appears on the passport or identity card, date and place of birth, nationality, and clear photographs of the document pages.
  • What is known about the arrest: the date, the town or road where it happened, the authority that carried it out, the names of any companions, and any card or slip the police handed over. These details let the lawyer find the person in the system.
  • Every paper received in Croatian: photographed flat, in good light, front and back, with the date and hour of receipt written beside it. The time of notification can matter when a deadline is counted.
  • Proof of ties to Italy or the country of residence: residence certificate, employment contract, payslips, lease or property title, school enrolments for children.
  • Medical information: regular medication, allergies and conditions, because the detainee may be unable to explain them and the detention facility will need to know.
  • Travel records: tickets, hotel or rental confirmations and receipts that show where the person was and at what time.
  • Earlier proceedings in any country, including old fines or alerts, because a past entry on a database is often the reason for an arrest.

If you are not sure whether something matters, include it. The lawyer can discard what is irrelevant but cannot use what never arrives.

Beyond the capital's own caseload, the country produces files whose features differ markedly from one another.

SourceTypical allegationWhat it turns on
Nightlife in the centreFights, public order and theft accusationsWho reported first and what venues recorded
The transit corridorCustoms, cash and narcotics in vehiclesAttribution of the load to an occupant
The coastal seasonIncidents on the coast and the islandsLocal district practice under the national rules
DrivingA low alcohol threshold, heavily enforcedThe testing procedure and its record
Property and investmentDisputes recast as fraud complaintsContracts, payments and what was represented

Zagreb and Italy: interpreters, translations and the embassy

Zagreb is an inland capital, reachable from Italy by air or by road through the neighbouring country to the west. That matters because a relative can travel there, but arriving does not open a cell door: visits are arranged through the authority holding the person, and a lawyer's request usually moves faster than a family member standing at a counter with a phone translation app.

The language of the proceedings is Croatian. English can help at a hotel desk or in a shop, but the formal acts are conducted in Croatian, and the detainee should ask for an interpreter and insist on that request. Do not accept an informal helper who happens to speak some Italian; the record should show who interpreted. Documents prepared in Italy, such as certificates or employment letters, must be translated before the Croatian side can use them, so start early and keep the originals safe.

Italy maintains diplomatic representation in the capital. The embassy can confirm the detention, pass messages to the family and, within its remit, check that the person is treated properly. It does not pay for a lawyer, recommend a particular lawyer, or enter into the merits of the case.

The defence usually has parallel strands: a lawyer admitted in Croatia who appears before the prosecutor and the investigative judge, and an Italian lawyer who coordinates, explains the position in Italian and deals with anything that links the case to Italian records, to a European warrant, or to a later request for transfer. Both must agree who speaks to which authority.

How the studio takes on a Zagreb case

The studio works from Rome, Milan and Naples, and urgent arrests abroad are taken at any hour. Nobody has to visit an office to give instructions. The practical sequence is short and does not change much from case to case.

The mandate begins with a message or call from the detainee's relative, employer or friend, using the contacts published on this site. Send the full name, date of birth, place of detention, the authority involved and whatever paper has been received. A signed engagement can be returned as a photograph or a scanned PDF, and the file is opened the same day.

The initial call is used for several tasks: setting out the facts in the order they happened, identifying which Croatian deadline may already be running, and agreeing who will speak to the local lawyer. The studio does not replace local counsel. Where the family has not yet found a lawyer in Croatia, it works with a correspondent there and keeps the chain of instructions clear, so that the person in custody is not given contradictory advice by different people.

Calls and written messages are handled in Italian and in English. Documents in Croatian are sent for translation, and the studio will say which need an official translation and which can wait. Zagreb keeps the same clock as Italy, so conversations with the local lawyer and with the family do not need adjusting for time differences, which saves hours in the opening days. Updates go to a named family contact rather than to a group chat.

Questions about the appeal window and the judge

People rarely know what to ask, because the Croatian process is unfamiliar and the lawyer is under time pressure. These questions get to the points that matter, and they can be put in a short call. Ask for the answers by message as well, so that the family has a record to consult later.

  • Has a detention decision already been issued, by whom, and has the time for appealing it started or ended?
  • If an appeal is filed, who drafts it, in which language, and who signs it on behalf of the detainee?
  • What does the investigative judge look at when deciding, and which documents about residence, work and family would help most?
  • Is there a realistic alternative to detention that can be proposed, and what conditions would it carry for a foreigner who lives elsewhere?
  • What happens if the prosecutor asks for more time to gather evidence, and how will the family hear about it?
  • Is there any sign of a European warrant, an extradition request or a Red Notice connected to this arrest?
  • What has the detainee already signed or said, and can anything be corrected or clarified?
  • Who pays whom, in what currency, and what does the fee cover if the case later moves to Italy?
  • When will I hear from you again, and what should I do if the police contact the family in the meantime?

A lawyer who answers these plainly, without promising results, is telling you what the next days will contain.

Words on Croatian papers, in plain terms

Most documents arriving from Zagreb will be in Croatian, but the vocabulary of the process is familiar from the rest of Europe. These are the terms this page uses and what they mean when you strip away the formality. If a paper in front of you uses a word that does not map onto this list, photograph it and ask before acting on it.

  • Detention by the prosecutor: a short custodial period ordered by the prosecutor before any judge is involved. It is not a conviction, and it is not yet a decision on longer pre-trial detention.
  • Appeal: the detainee's challenge to that detention. In Croatia the time to file it is very short, and the challenge is decided by a judge, not by the prosecutor.
  • Investigative judge: the judge who decides on detention while the investigation is open. This is not the trial judge and does not decide guilt.
  • Extension for gathering evidence: extra time the prosecutor can ask a judge to approve when the investigation requires it, which is why the detention can continue after the opening period.
  • Arrest warrant: an order to arrest a person, issued by a judge or a prosecutor on evidence; it differs from detention for questioning.
  • European Arrest Warrant: a request from an EU country to another for the surrender of a person, decided by courts without a political stage.
  • Extradition: the older and slower route used with countries outside that system, with a government decision at the end.
  • Red Notice: a police alert circulated through Interpol; it asks countries to locate and hold a person, and is not a warrant in itself.

Keep this list beside the papers when you speak to the lawyer, and use the same words, so that nothing is lost in translation.

About the lawyer

People write to this office from places where Italian is not spoken, and often with documents they cannot read. That is the starting point of the work rather than an obstacle to it. Avv. Massimo Romano practises criminal law and appears before the Court of Cassation; alongside ordinary Italian proceedings he deals with surrender requests, extradition, and the situation of foreign nationals facing charges in Italy. Send or read out what you have: a notice, a receipt from a search, the name of the prison, a lawyer's letter in another language. He will tell you what the document is and what it obliges you to do. The call is followed by a written note setting out what the office can take on, how the file will be handled between Rome, Milan and Naples, and who in the family will be kept informed. Those conversations are held in English whenever that is what the family needs.

Write on WhatsApp or call. Have ready the identity details of the person concerned and a photograph of every page you have received, in whatever language it is written.

Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp

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