If you are suspected of a criminal offence in Westland, the police may interrogate you. During this interrogation, you have essential rights, such as access to a lawyer and the right to remain silent. It is crucial to know these rights before giving a statement.
Right to Legal Assistance
According to the Salduz ruling, every suspect has the right to assistance from a lawyer during an interrogation.
When Can You Engage a Lawyer?
| Situation | Right to Assistance |
|---|---|
| Before the first interrogation | Consultation assistance (advice session) |
| During the interrogation | Interrogation assistance (lawyer present) |
| Upon arrest | Duty lawyer available within 2 hours |
Costs of Assistance
The initial assistance from a duty lawyer upon arrest is free of charge. For further legal assistance, it depends on your financial situation (subsidised legal aid or own contribution).
Your Right to Remain Silent
You are not obliged to answer questions from the police. This right, also known as the right to silence, is laid down in Article 29 of the Code of Criminal Procedure (Sv).
Mandatory Notification of Right to Silence
The police must inform you of your right to silence before the interrogation with the statement: 'You do not have to answer questions.'
How to Exercise the Right to Silence
- You do not need to give a reason for your silence
- Silence may not be used as evidence against you
- The judge may however take silence into account in the sentencing
- You may choose to answer certain questions
Course of a Police Interrogation
A police interrogation in Westland follows fixed procedures and rules.
Steps in the Process
- Inform about right to consultation assistance
- Opportunity to consult with a lawyer
- Start of the interrogation with notification of right to silence
- Questions about personal details (mandatory to answer)
- Questions about the case (right to silence applies)
- Drafting of the official report
- Reading aloud and opportunity to sign
Your Rights During an Interrogation
| Right | Explanation |
|---|---|
| Right to silence | No obligation to answer |
| Lawyer | Right to assistance before and during the interrogation |
| Interpreter | Available in case of language barriers |
| Inspection of official report | Check before signing |
| Amendments | Have inaccuracies corrected |
Prohibited Methods During Interrogation
The police in Westland may not exert undue pressure on suspects.
What is Not Allowed?
- Physical coercion or threats
- Torture or inhuman practices
- Prolonged interrogations without breaks
- Making unrealistic promises
- Intentionally providing incorrect information about evidence
The Official Report
An official record, the official report (proces-verbaal), is made of every interrogation.
Important Points of Attention
- Check the report thoroughly
- Request amendment in case of errors
- Signing is not mandatory
- Refusal to sign is recorded
Practical Tips for an Interrogation
- Always ask for a lawyer
- Consult with your lawyer before speaking
- Think carefully before answering
- Say nothing you have doubts about
- Do not sign anything you disagree with
Frequently Asked Questions about Interrogations in Westland
What are my rights during a police interrogation?
You have the right to information about the suspicion, a lawyer (often free since 2017), right to silence, access to your file, and humane treatment. This is laid down by law.
Can I refuse to answer?
Yes, thanks to the right to silence, you are not obliged to answer questions. This protects you against self-incrimination.
Can I engage a lawyer?
Yes, you can immediately request a lawyer. You have the right to free legal aid and the police must arrange this before the interrogation.
Do I have to respond to a police summons?
Yes, you must comply with a summons. Ignoring it is punishable. If you do not come, the police may pick you up. You retain the right to a lawyer.
May I record an interrogation?
Recording an interrogation is in principle not permitted without police permission. Consult your lawyer for alternatives.
Relevant Authorities in Westland: District Court of The Hague (district), Juridisch Loket Westland