VII. STEGOVNA ODGOVORNOST OVLAŠTENOG ARHITEKTA I OVLAŠTENOG INŽENJERA

1. Conditions of accountability and disciplinary measures

Article 81

1. Authorized architects and authorized civil engineers shall answer for violation of duty and damaging the reputation of architects or civil engineers in accordance with the provisions of the Act, these Articles of association and Code of professional ethics.
2. Authorized architects and authorized civil engineers shall answer for heavy violation of duty and damaging the reputation of architects or civil engineers before Chamber’s disciplinary court.
3. Authorized architects and authorized civil engineers shall answer for minor violation of duty and damaging the reputation of architects or civil engineers before disciplinary councils.

Article 82

The following shall constitute heavy violation of duty and damaging of the reputation of architects or civil engineers:

1. if an architect or civil engineer procures entry into Register of authorized architects or authorized civil engineers despite legal obstacles,
2. if he/she commits criminal act bringing into question his/her worthiness to perform architectural or civil engineering jobs,
3. if he/she performs architectural or civil engineering jobs during his/her suspension of chamber membership, or if he/she violates the suspension in any way,
4. if contrary to law and the authority he/she has to provide expert services, he/she intervenes with any bodies or legal persons in civil service or acts unworthily and contrary to his/her authority,
5. if he/she executes architectural or civil engineering jobs unconscientiously or provides unprofessional advice and representation to investors,
6. if he/she performs jobs irreconcilable with architectural or civil engineering activities,
7. if contrary to the law he/she uses the title of authorized architect or authorized civil engineer in combination with his/her professional orientation,
8. if he/she performs jobs contrary to his/her orientation,
9. if he/she unconscientiously executes office takeover activities,
10. if he/she concludes or executes jobs below prices defined in the Rulebook on the price of services of the Croatian Chamber of Architects and Civil Engineers,
11. if he/she makes either business or administrative benefits, personally or through an intermediary, a condition for getting jobs,
12. if he/she sells earlier projects or finished projects from catalogues,
13. if he/she stipulates manner or conditions of forming, use of material and stylistic traits to other architects, or limits their creativity in some other manner,
14. if he/she points out errors or proposes changes in projects to investors at the detriment of other architects or civil engineers,
15. if he/she accepts jobs contracted by other authorized architects or authorized civil engineers, in direct violation of the provisions of the Code of professional ethics,
16. if he/she takes over a project, fails to adhere to author’s instruction and does not inform him/her thereof,
17. if he/she competes with prices lower than the designated ones or uses incorrect data when establishing prices,
18. if he/she charges less than the amount contracted on the basis of the Rulebook on the price of services or concludes contracts containing incorrect information,
19. if he/she fails to make a separate statement on project jobs offered with construction works,
20. if he/she receives or demands commission,
21. if he/she participates in soliciting for tenders without required consent of the Chamber,
22. if he/she violates the anonymity clause at such soliciting for tenders,
23. if he/she violates acts of the Chamber as an employee of a legal person or fails to inform the Chamber of their violation,
24. if he/she demands and receives reward for his professional service in direct violation of Chamber regulations,
25. if he/she seeks or gets jobs in an unworthy manner, or signs projects, expert opinions and etc. made by unauthorized persons,
26. if he/she fails to observe copyrights,
27. if he/she has more than one office, in violation of the Construction act,
28. if he/she fails to fulfill material obligations arising from membership in the Chamber,
29. if he/she commits heavy violation of duty in administrative bodies or against bodies of the Chamber,
30. if he/she moves office in violation of the provisions of these Articles of association or fails to duly notify the Chamber about the change of headquarters or the name of the office, i.e. if he/she fails to inform the Chamber of changes occurring during performance of architectural or civil engineering jobs,
31. if he/she commits heavy violation of provisions of the Act, these Articles of association or the Code of professional ethics in the course of work of a joint office or a designing company.

Article 83

Conduct and work of architect or civil engineer in private life shall also constitute heavy damaging of the reputation of architects or civil engineers if such conduct and work damages the reputation of architectural or civil engineering profession.

Article 84


1. A fine in the amount of 1.000,00 to 3.000,00 kuna can be imposed upon an authorized architect or civil engineer if he/she commits minor violation of duty of architects or civil engineers.
2. A fine in the amount of 5.000,00 to 15.000,00 kuna can be imposed upon an authorized architect or civil engineer if he/she commits heavy violation of duty and damages the reputation of architects or civil engineers.
3. If a unified fine for multiple violations of duty and damaging of the reputation of architects or civil engineers is being established, it shall not in any case exceed the amount of 3.000,00 kuna in the case of minor violations, i.e. 15.000,00 kuna in the case of heavy violations.

Article 85

1. The disciplinary court shall have the authority to decide in its ruling that a valid court decision brought in the proceedings against an authorized architect or authorized civil engineer be published in Chamber’s papers.
2. After entry into force of acquittal, authorized architect or authorized civil engineer against who the disciplinary proceedings are initiated shall have the right to demand the acquittal be published in Chamber’s papers.

Article 86

When deciding on disciplinary measures for heavy violation of duty and damaging of the reputation of architects or civil engineers, the disciplinary court shall take into consideration all the circumstances on which the kind and amount of punishment depend, especially the damage caused on the grounds of which he/she committed the heavy violation, as well as any prior disciplinary sentences. When deciding on the fine, the defendant’s financial state shall be taken into consideration.

Article 87

1. If a fine is established for heavy violation, the ruling shall determine the date of payment, which shall not be shorter then fifteen days nor longer then three months.
2. In some cases, the disciplinary court can allow the fine to be paid in installments. In that case, the court shall acknowledge manner of payment and date of final payment which shall not exceed one year.
3. Fines and costs of disciplinary proceedings shall be charged for the benefit of the Chamber and for the purposes of fostering architectural and civil engineering activities.

Article 88

1. The Chamber shall inform the ministry of urban development, construction and habitation of the sentences of the disciplinary court passed upon authorized architects or authorized civil engineers.
2. If the disciplinary court’s valid sentence passed upon authorized architects or authorized civil engineers is disciplinary penalty of the loss of right to work, the Chamber shall, apart from the ministry, inform competent government body dealing with urban development and construction on the territory in which the authorized architect or civil engineer’s headquarters were situated thereof, i.e. the territory of the Republic of Croatia.

2. Initiating disciplinary proceedings

Article 89

Disciplinary proceedings shall be initiated by the disciplinary prosecutor upon his reception of report or when he finds the proceedings need to be initialized ex officio.

Article 90

1. Disciplinary proceedings shall be initialized by delivering the report, i.e. proposal to the accused, inviting him/her to make a written statement within 15 days.
2. Disciplinary prosecutor shall have the authority to interrogate the accused during this entire procedure.
3. Disciplinary prosecutor shall have the authority to take other actions to establish facts incriminating or benefiting the accused.
4. When the need arises for further explanation of the report or statements of the reporter, disciplinary prosecutor shall invite the reporter to elaborate the report or make a statement within a minimum thirty day period, and warn him/her that unless he/she complies with the request, the charges shall be dropped within the designated period.

Article 91

Disciplinary measures can be taken against any authorized architects or authorized civil engineers whose right to work expired, because they do not wish to work or did not work or whose membership has been suspended, provided the proceedings are initiated prior to the decision to stop working, i.e. prior to suspension.

Article 92

1. After careful deliberation, disciplinary prosecutor shall, if he holds that heavy violation occurred, press charges.
2. Disciplinary prosecutor shall turn over minor violation cases to the disciplinary council.

3. Proceedings before disciplinary court

Article 93

1. On receiving the indictment, the presiding judge of disciplinary court’s council shall convene disciplinary council consisting of one presiding judge and two judges.
2. Disciplinary council shall:
1) discontinue proceedings if it establishes that the act which is the subject of indictment does not constitute heavy violation or that there exist circumstances excluding any possibility of disciplinary accountability or that there are not enough evidence to suggest that the accused should reasonably be suspected of committing the violation which is the subject of indictment.
2) Turn the case to the disciplinary council of Chamber’s Managing Board if it holds its subject constitutes minor violation of duty and minor damage to the reputation of architects or civil engineers.
3) Return the indictment to the disciplinary prosecutor with the request to substantiate it, if it holds this is necessary,
4) Decide to discontinue proceedings until valid end of the penal proceedings is reached, provided that penal proceedings for the same act have been initiated against the accused.
5) In cases from paragraph 2, items 1, 2 and 4 of this article, the council shall deliver its decision both to the accused and to the disciplinary prosecutor. Disciplinary prosecutor shall have the authority to appeal against decisions from paragraph 2, items 1 and 4 to Chamber’s disciplinary court of appeals.

Article 94

1. If the council fails to reach any decisions from Article 93 of these Articles of association, presiding judge of the council shall convene a disciplinary hearing.
2. The indictment shall be delivered to the accused with the invitation to attend the hearing. If defense proves to be obligatory, the accused shall be invited to chose his/her defense attorney and inform the court thereof no later then eight days before the day of the hearing. If the accused fails to appoint his/her defense attorney prior to that period, the court shall appoint one by virtue of official duty.

Article 95

Hearings can be held in the absence of the duly invited accused who fails to explain his/her absence, but who has been interrogated in a preceding procedure or allowed to defend him/herself in that previous procedure.

Article 96

Disciplinary hearings shall be held in the Chamber headquarters.

Article 97.

During hearing, the council shall have the authority to make any decision from Article 93 of these Articles of association.

Article 98

1. Following hearing, the council of the disciplinary court shall reach a verdict, finding the defendant:
1) guilty as charged or
2) acquit him/her of all charges if it is established that the act which is the subject of the indictment does not constitute heavy violation of duty and heavy damage to the reputation of architects or civil engineers, or if there are circumstances making impossible any disciplinary accountability, or if there is no evidence that the accused inflicted the violation, or that the violation did not occur.
2. The disciplinary court shall reach a sentence rejecting the indictment if the disciplinary prosecutor drops the charges or establishes that the case has expired by limitation.

Article 99

In the verdict finding the defendant guilty as charged, council of the disciplinary court shall indicate:
1. the act for which the defendant is found guilty, including the facts and the circumstances constituting heavy violation of duty and heavy damage to the reputation of architects or civil engineers
2. sentence passed upon the defendant.

Article 100

1. Disciplinary ruling shall also include the decision on who shall meet the costs of the proceedings.
2. Disciplinary court shall have the authority to establish costs of the proceedings in the fixed amounts ranging from 500,00 to 2.000,oo kuna, depending on the complexity and duration of the proceedings.

Article 101

A written copy of disciplinary court’s ruling shall be delivered to the accused, his/her defense attorney, disciplinary prosecutor and minister in charge of construction. Valid ruling shall also be delivered to the Chamber and the reporter.

Article 102

1. An appeal against the ruling of the disciplinary court can be lodged to the disciplinary court of appeals within 15 days.
2. The right of appeal shall be vested in the defendant, his/her defense attorney, disciplinary prosecutor and minister in charge of construction.
3. A copy of the appeal shall be delivered to the opposing party, which can respond within 8 days.
4. The disciplinary court of appeals shall consider the appeal at the meeting of a three-member council.
5. The disciplinary court of appeals shall have the authority to confirm, alter or annul the ruling of the disciplinary court.
6. The decision of the disciplinary court of appeals shall be delivered to all persons, i.e. parties from paragraph 2 of this article, and to the reporter.

4. Proceedings before the disciplinary council of the Chamber

Article 103

1. A member of the disciplinary council of the Chamber appointed for that job by council presiding judge, shall conduct investigation in the procedure of passing sentences for minor violations.
2. The accused shall be allowed to defend him/herself before the verdict is reached.
3. An appeal can be lodged against the verdict of the disciplinary council if a disciplinary measure is passed upon the defendant. Only the defendant shall have the right to lodge such an appeal, within 15 days.
4. Three-member disciplinary court of the Chamber shall decide on the appeal in a closed session. Council decision is final.
5. In the proceedings before Chamber’s disciplinary council, provisions of theses Articles of association concerning disciplinary proceedings for heavy violation of duty and damage to the reputation of architects or civil engineers shall be applicable, if the provisions of this article do not provide otherwise.

5. Limitation of actions

Article 104

1. Limitation of prosecution shall be abolished if a report is delivered to the Chamber and Chamber’s competent bodies decide to initiate proceedings.
2. Limitation of prosecution and limitation of seizure shall in all events enter into force when a period two times longer then period established for the limitation of prosecution and limitation of seizure passes.
3. If disciplinary defendant’s violation also constitutes criminal action, limitation of prosecution shall be suspended until valid closure of criminal proceedings, after which time the disciplinary proceedings are to be continued.

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