This was an appeal brought by the relevant fisheries authorities of the Republic of Croatia. By a first instance judgment of the Municipal Court in Pazin, the accused VJ was acquitted of illegal fisheries charges.

Held: The appeal is upheld.

The first instance Court acquitted the defendant of the charges, with the explanation that Slovenian fishers do not act according to the regulations of the Republic of Croatia, but according to the regulations of the Republic of Slovenia.

However, it is a well-known fact that the Republic of Croatia has withdrawn from the arbitration agreement with the Republic of Slovenia, and that there is still a dispute between them regarding their maritime boundary. This should have been known by the accused. He should have taken special care to ensure that, when fishing, he did not enter an area that was the subject of dispute between the two countries. The accused was aware of the illegality of his actions according to the regulations of the Republic of Croatia.

As there was no agreement between the Republic of Croatia and the Republic of Slovenia regarding commercial fishing, the situation regarding the border of the territorial sea between the two countries is regulated in accordance with arts 2, 10, and 300 of UNCLOS, to which the Republic of Croatia and the Republic of Slovenia are signatories, and according to which the accused was in the territorial sea of the Republic of Croatia.

The boundary line of the territorial sea between the Republic of Croatia and the Republic of Slovenia has not been changed by any legitimate procedure or act since the signing of UNCLOS.

The first instance decision should therefore be annulled.