Your Rights When Arrested by the Police
Being arrested by the police is a drastic experience. Whether it concerns a suspicion of a criminal offence or a traffic violation, it is essential that you know your rights. At Arslan Advocaten, we regularly see suspects who are unaware of their legal protections. In this article, we explain your rights under the Code of Criminal Procedure (Sv).
The Right to Remain Silent: Your Most Important Protection
Under Article 29 Sv, every suspect has the right to remain silent. This means you are not obliged to answer questions from the police. The right to silence is a fundamental right that protects you against self-incrimination. We always advise you to exercise your right to remain silent until you have spoken with a lawyer.
The police are obliged to inform you of your right to remain silent before the start of the interrogation. This is known as the caution obligation. If the police fail to do so, this may affect the admissibility of your statements as evidence.
Right to a Lawyer (Salduz Right)
Since the Salduz ruling, every suspect has the right to consultation assistance from a lawyer prior to the first police interrogation. This right is laid down in Article 28 Sv. For serious criminal offences, you also have the right to assistance from a lawyer during the interrogation itself.
If you are arrested, you can call a lawyer of your choice or a duty lawyer will be arranged for you. It is of great importance that you only make a statement after you have consulted with your lawyer. The police may not start the interrogation before you have had this consultation.
Custody and Pre-trial Detention
After arrest, the public prosecutor may decide to place you in police custody for a maximum of three days (Article 57 Sv). Subsequently, the examining magistrate may order remand for a maximum of fourteen days (Article 64 Sv). The court chamber may then order continued detention for a maximum of ninety days.
During police custody, you have the right to visits from your lawyer. Your lawyer can also submit a request for the lifting or suspension of pre-trial detention to the examining magistrate.
What Should You Do When Arrested?
Remain calm and cooperate with the arrest. Resisting arrest is a criminal offence under Article 180 Sr. Immediately exercise your right to remain silent and request a lawyer. Only provide your personal details (name, address, date of birth), but do not answer substantive questions about the alleged criminal offence.
Do not sign any documents without your lawyer having reviewed them. If possible, note the names or badge numbers of the officers involved and the time of arrest. This may be important for your defence later.
Arslan Advocaten Is Ready to Assist You
At Arslan Advocaten, we have extensive experience in assisting suspects during police interrogations and criminal cases. We ensure that your rights are safeguarded and that you receive the best possible defence. Contact us immediately if you have been arrested or if you have received a summons for an interrogation.