Your Rights During Custody and Questioning

Being taken into custody is a distressing experience, both for the suspect and their family. Knowing which rights can be exercised during this process has a direct bearing on the course of the defence.

How Long Can Police Custody Last?

For offences committed individually, custody may not exceed 24 hours from the moment of apprehension, including the time needed to bring the person before the court. For offences committed collectively, this period may be extended in stages by written order of the public prosecutor, but it cannot exceed the statutory maximum.

The Right to Remain Silent and the Right to Legal Assistance

Before being questioned, a suspect has the right to be informed of the offence alleged against them, to remain silent, and to consult a defence lawyer of their choosing or one appointed by the bar association. A statement taken without these rights being explained cannot be relied upon as a basis for judgment.

Notifying Your Family

The authorities are required to immediately notify a relative or another person designated by the individual taken into custody of their situation.

What to Watch for During Questioning

You are not obliged to give a statement without your lawyer present. A statement obtained under pressure, threat or exhaustion is unlawful and carries no evidentiary value. Every statement given should be prepared carefully, as it will form the basis of the defence in later stages.

What Happens After Custody?

At the end of the custody period, the prosecution may release the suspect, impose judicial control, or refer the case to the criminal court of peace with a request for pre-trial detention. The defence conducted at this stage shapes the course of the entire process.

Practical Tips

If a relative of yours has been taken into custody, contact a criminal defence lawyer as soon as possible; even a brief consultation before the statement is taken can favourably affect the course of the defence.

This article is for information purposes only and does not constitute legal advice. Contact our team about your specific situation.