police interrogation (Salduz right)
Under Dutch law, every suspect has the right to legal assistance from the moment they are detained and before any police interrogation begins. This right, often referred to as the Salduz right, ensures that suspects have professional support to understand the questions and the implications of their answers during an interrogation.
This legal assistance is essential because the police interrogation can be a critical moment in the criminal procedure, and without a lawyer present, suspects may inadvertently say something harmful to their case.
The right to remain silent — you are not obliged to answer questions from the police (art. 29 Sv)
One of the most important rights is the right to remain silent. You are under no obligation to answer any questions posed by the police. Exercising this right helps to avoid self-incrimination and protects you against making statements that could be used against you later in court.
It is advisable to wait until you have legal advice before making any statements.
The right to free choice of lawyer — you may choose your own lawyer, even in the duty solicitor (piketfase) stage
Every suspect has the right to choose their own lawyer. If you do not have a lawyer, the police will assign a duty solicitor (piketadvocaat) to you. However, you can always replace the duty solicitor with your own lawyer if you prefer.
This right ensures that suspects have legal representation that they trust and who can best represent their interests.
The right to have someone informed of your arrest
If you are arrested, you have the right to have a family member, employer, or another trusted person informed of your detention. This helps ensure that you are not isolated and that someone outside the criminal justice system is aware of your situation.
The right to medical assistance if you are ill or need medication
If you have any medical conditions, or require medication, you have the right to receive medical assistance during your detention. The police or detention facility must ensure that your health needs are met.
The right to inspect the file (once this is no longer harmful to the investigation)
You also have the right to inspect the investigation file at a later stage, when it no longer jeopardizes the investigation. This allows you and your lawyer to review the evidence and better prepare your defence.
These rights apply regardless of the offence you are suspected of. The police are obliged to inform you of these rights at the time of your arrest or detention.
What should you do?
The most important step is: exercise your right to remain silent until you have spoken to a lawyer. Many suspects make the mistake of making a statement to the police immediately, without first having received legal advice. What you say during the first interrogation cannot be taken back later and can be decisive for the outcome of the case.
Indicate to the police that you want to speak to a lawyer. If you have your own lawyer, mention their name. If you do not have your own lawyer, a duty solicitor (piketadvocaat) will be called.
As a family member: contact a criminal defence lawyer immediately. Provide the name of the arrested person, the police station and the offence they are suspected of. The lawyer can then take action.
At Arslan Advocaten you can reach us on 010 311 5500 (Rotterdam), 020 747 00 55 (Amsterdam) or 070 4500 300 (The Hague). We are also available via WhatsApp for emergencies.
How to support your arrested family member
When a loved one has been arrested, family members often feel helpless and overwhelmed. However, there are several practical steps you can take to provide effective support:
- Stay calm: Your calmness will help your family member remain composed and may positively influence their interaction with authorities.
- Gather information: Find out where your family member is being held, the nature of the offence they are suspected of, and the police station or detention centre where they are located.
- Contact a lawyer immediately: The sooner legal representation is arranged, the better. A lawyer can advise on the next steps and ensure the arrested person’s rights are protected.
- Visit or communicate: If allowed, visit your family member or communicate with them to provide emotional support. However, keep in mind that there are restrictions on communication during the investigation.
- Keep detailed records: Document any interactions with the police, lawyers, and detention officials. This information can be useful for your lawyer.
- Prepare necessary documents: Gather identity papers, proof of address, and any relevant legal documents your family member may need.
Supporting your loved one through this process requires patience and understanding. Knowing the legal framework and the rights involved will help you provide informed assistance.
Understanding the detention process in the Netherlands
Detention in the Dutch criminal justice system follows specific legal procedures designed to balance law enforcement needs with the rights of suspects. Understanding these steps can help you anticipate what will happen next and how to act:
- Arrest and initial detention: A suspect can be detained for up to six hours by the police. During this time, the police may conduct an initial interrogation, but the suspect has the right to a lawyer.
- Extended detention (inverzekeringstelling): If the police require more time to investigate, they can request a judge to extend detention by up to three days. The suspect remains in custody during this period.
- Pre-trial detention (voorlopige hechtenis): If the investigation requires longer detention, the public prosecutor can request the court to order pre-trial detention for up to 90 days, which can be extended.
- Detention review: The court regularly reviews the necessity of continued detention to protect the suspect’s rights and ensure conditions are lawful.
Throughout this process, the suspect’s rights to legal counsel, medical care, and communication with family remain in force.
What happens after arrest: investigation and trial stages
After the arrest and initial detention phases, the criminal procedure continues with several important stages:
- Investigation phase: The public prosecutor (officier van justitie) leads the investigation and decides whether to proceed with prosecution based on the evidence.
- Indictment and court proceedings: If charged, the suspect becomes the defendant in court. The trial process involves presenting evidence, witness testimony, and legal arguments.
- Role of the defence lawyer: Your lawyer will prepare a defence, advise you on your options, and represent you in court hearings.
- Appeals: If the verdict is unfavourable, there may be opportunities to appeal the decision within prescribed timelines.
Understanding these stages helps families manage expectations and cooperate effectively with legal counsel.
Frequently asked questions
Will a criminal defence lawyer cost me money?
Usually not. Most suspects are eligible for subsidised legal assistance (toevoeging). You then only pay a personal contribution depending on your income — for the lowest incomes only €188.
Can I choose my own lawyer?
Yes, you always have the right to a free choice of lawyer. You can specify your own lawyer to the police (voorkeursmelding) and you can change lawyers at any time.
Does Arslan Advocaten speak my language?
Our lawyers speak Dutch, Turkish, Polish and English. We can assist you in your own language, which is crucial in criminal law.
