When someone suddenly receives a letter or phone call about an international criminal case, it almost always causes anxiety. It often says that you must appear “at the request of foreign authorities” for questioning as a suspect. But what exactly does this mean? Do you have to go abroad? And what are your rights?

In this article, the criminal defense attorneys at Arslan Advocaten clearly explain what a mutual legal assistance request entails and what you should do if you have been summoned as a suspect.

What is a mutual legal assistance request from abroad?

A mutual legal assistance request is an official request from a foreign judicial authority to the Netherlands to provide assistance in an ongoing criminal investigation. This falls under international legal assistance, in which countries cooperate in gathering evidence or interviewing those involved.

Foreign authorities can ask the Netherlands, among other things, to:

• question a person as a suspect or witness,

• provide documents or information,

• seize property or bank accounts,

• or extradite someone.

In the Netherlands, these requests are carried out by the Public Prosecution Service or the police, in accordance with Dutch laws and regulations.

Why have you been summoned as a suspect?

If you receive a summons, this means that you are considered a suspect abroad in an ongoing criminal case. Because you live in the Netherlands, the Dutch authorities conduct the questioning on behalf of that country.

Important points to note:

• You are not a suspect in the Netherlands, but a suspect abroad.

• You have the right to assistance from a lawyer.

• You have the right to remain silent: you do not have to answer any questions.

• Your statement will be forwarded abroad and can be used against you there.

Sometimes foreign representatives are present during the questioning. The Dutch authorities must ensure that the questioning is lawful and conducted in accordance with Dutch rules.

Do you have to travel abroad?

In most cases that is not required.
The purpose of a request for legal assistance is precisely that the questioning takes place in the Netherlands. Only in exceptional situations can a foreign authority request your personal presence, but this is very unusual.

What should you do if you receive a summons?

A summons in an international criminal case is not a formality. You must therefore always act carefully. The main steps:

1. Contact a specialized lawyer immediately

Never give a statement on your own and do not risk going to the questioning unprepared.

2. Have it checked whether you are required to appear

Not every legal assistance request is made properly. Sometimes there is no duty to appear.

3. Have it ascertained what exactly the foreign investigation is about

You have the right to clarity about your legal position and the subject of the questioning.

4. Prepare the questioning carefully

What you do or do not state can have major consequences abroad.

At Arslan Advocaten we always examine:

• whether the legal assistance request is legally valid,

• whether there is an obligation to appear,

• the precise background of the foreign investigation,

• what risks you face in the country that made the request.

We ensure that your rights are optimally protected.

Experience with international criminal cases

Our firm regularly assists clients who are summoned by foreign authorities, including from:

• Turkey

• Belgium

• Germany

• France

• various other European countries

We know how foreign investigations are structured, what pitfalls exist, and how we prevent your statement from posing unnecessary risk.

Why legal assistance is indispensable

A statement in a legal assistance request is often one of the most important pieces of evidence in a foreign criminal case. Without guidance, you may:

• inadvertently make incriminating statements,

• confirm incorrect assumptions,

• provide information that is interpreted differently abroad.

Our lawyers make sure this is prevented.

Finally

A summons as a suspect in a foreign legal assistance request can have major consequences for your rights – not only in the Netherlands, but especially abroad. Therefore, never participate in questioning unprepared.

The international criminal lawyers of Arslan Advocaten are here for you: knowledgeable, experienced, and fully focused on protecting your interests.

📞 Would you like advice or assistance with your case? Contact us today.