If you are being interrogated by the police in Leiden as a suspect, you have specific rights that you must know. This includes the right to legal assistance and the right to remain silent. Ensure you are well informed before giving a statement.
Right to Legal Assistance
According to the Salduz ruling, every suspect has the right to a lawyer during an interrogation.
When Do You Have the Right to a Lawyer?
| Situation | Right |
|---|---|
| Before the First Interrogation | Consultation assistance (meeting with a lawyer) |
| During the Interrogation | Interrogation support (lawyer present) |
| Upon Arrest | Duty lawyer available within 2 hours |
Costs of Assistance
Upon arrest in Leiden, the initial assistance from a duty lawyer is free of charge. For further legal support, it depends on your financial situation (legal aid or payment at your own expense).
Your Right to Remain Silent
You are not obliged to answer questions from the police. This right is laid down in Article 29 of the Code of Criminal Procedure.
Mandatory Notification of Right to Remain Silent
The police in Leiden must inform you of your right to remain silent before the interrogation with the statement: 'You do not have to answer questions.'
How to Exercise the Right to Remain Silent
- You do not need to give a reason for your silence
- Silence may not be used as evidence against you
- A judge may, however, take your silence into account in the sentencing
- You may choose to answer only certain questions
Course of a Police Interrogation in Leiden
A police interrogation follows strict procedures and rules.
Steps in the Process
- Information about your right to consultation assistance
- Opportunity to consult with a lawyer
- Start of the interrogation with the caution (notification of right to remain silent)
- Questions about your personal details (mandatory to answer)
- Questions about the case (right to remain silent applies)
- Drafting of the official report
- Reading aloud and opportunity to sign
Your Rights During an Interrogation
| Right | Explanation |
|---|---|
| Right to Remain Silent | You do not have to answer questions |
| Lawyer | Right to assistance before and during the interrogation |
| Interpreter | Available in case of language barriers |
| Access to Official Report | Check before signing |
| Corrections | Opportunity to have errors corrected |
Improper Interrogation Methods
The police in Leiden may not exert undue pressure during an interrogation.
What is Not Allowed?
- Use of violence or threats
- Inhumane treatment or torture
- Prolonged questioning without rest
- Making unrealistic promises
- Providing incorrect information about evidence
The Official Report
An official record, the official report, is made of every interrogation.
Important Points of Attention
- Check the record thoroughly for accuracy
- Request amendments for inaccuracies
- You are not obliged to sign
- If you refuse to sign, this will be noted
Practical Tips for an Interrogation in Leiden
- Always ask for a lawyer before saying anything
- Discuss your situation with your lawyer first
- Think carefully before answering
- Say nothing you are uncertain about
- Do not sign if you disagree with the record
Frequently Asked Questions about Interrogations in Leiden
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 remain silent, access to your file, and humane treatment. This is laid down by law.
Can I refuse to answer?
Yes, thanks to the right to remain silent, you are not obliged to answer questions. This protects you, as everything you say can be used against you.
Can I demand a lawyer?
Yes, you can request a lawyer immediately. You have the right to free legal assistance and the police must arrange this before the interrogation continues.
Must I comply with a police summons?
Yes, a summons must be complied with. Failure to appear may be punishable. If you do not come, the police may pick you up. You still retain the right to legal assistance.
May I record an interrogation?
In principle, you may not record an interrogation yourself, unless with police permission. Consult your lawyer for advice on this.
Relevant Authorities in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46