If you are suspected of a criminal offence, the police in Utrecht may summon you for an interrogation. During this process, you have essential rights, such as access to a lawyer and the right to remain silent. Be aware of your rights before giving a statement.
Right to a Lawyer in Utrecht
Under Salduz case law, every suspect in the Netherlands, including Utrecht, has the right to legal assistance from a lawyer.
When Can You Engage a Lawyer?
| Moment | Right to Assistance |
|---|---|
| Before the first police interrogation | Consultation with a lawyer |
| During the interrogation | Lawyer may be present |
| Upon arrest | Free duty lawyer within 2 hours |
Costs of Legal Assistance
Upon arrest in Utrecht, the initial assistance from a duty lawyer is free of charge. For further legal support, it depends on your financial situation whether you receive legal aid or must pay yourself.
Your Right to Silence
In Utrecht and throughout the Netherlands, you are not obliged to answer police questions. This is your right to silence, enshrined in Article 29 of the Code of Criminal Procedure.
Mandatory Notification of Right to Silence
The police in Utrecht must inform you of your right to silence before the interrogation with the words: 'You do not have to give an answer.'
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
- A judge may take silence into account in sentencing
- You may choose to answer only certain questions
Course of a Police Interrogation in Utrecht
An interrogation by the police in Utrecht follows strict procedures to safeguard your rights.
Steps in the Process
- Inform about the right to consultation with a lawyer
- Opportunity to consult with a lawyer
- Start of the interrogation with notification of right to silence
- Questions about your personal details (mandatory to answer)
- Questions about the case (right to silence applicable)
- Drafting of the official report
- Reading aloud and opportunity to sign
Your Rights During an Interrogation
| Right | Explanation |
|---|---|
| Right to silence | 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 | Review before signing |
| Amendments | Have inaccuracies in the report corrected |
Improper Tactics During Interrogation
The police in Utrecht may not use inappropriate methods to coerce a statement.
What is Not Allowed?
- Physical violence or intimidation
- Inhumane treatment or torture
- Interrogation without sufficient breaks
- Making unrealistic promises
- Providing incorrect information about evidence
The Official Report in Utrecht
At the end of the interrogation, an official report is drawn up by the police.
Important Points of Attention
- Read the report thoroughly
- Request amendments for errors
- You are not obliged to sign
- Refusal to sign will be noted
Practical Tips for an Interrogation
- Always request a lawyer before saying anything
- Discuss your statement with your lawyer first
- Think carefully before answering
- Say nothing you have doubts about
- Do not sign if you disagree with the report
Frequently Asked Questions about Interrogations in Utrecht
What are my rights during a police interrogation?
You have the right to information about the suspicion, a free lawyer, right to silence, access to your file, and humane treatment, all legally enshrined.
Can I refuse to answer?
Yes, you have the right to silence. You are not obliged to answer questions or give statements, to protect against self-incrimination.
How do I request a lawyer?
You can directly request a lawyer. The police in Utrecht must give you the opportunity to contact a lawyer before the interrogation.
Must I comply with a police summons?
Yes, you must comply with an official summons. Refusal may be punishable. If you do not come, the police may pick you up. You retain the right to legal assistance.
Can I record an interrogation?
In some cases, you can request permission to record an interrogation, but this is not always allowed. Consult your lawyer.
Relevant Institutions in Utrecht
District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht