If you are interrogated by the police in Rijswijk as a suspect, you have specific rights, such as the right to legal assistance and the right to remain silent. Ensure you are aware of these rights before giving a statement.
Right to Legal Assistance
According to the Salduz case law, every suspect in the Netherlands, including in Rijswijk, has the right to a lawyer during an interrogation.
When to Engage a Lawyer?
| Moment | Right to Assistance |
|---|---|
| Before the first interrogation | Consultation with lawyer |
| During the interrogation | Presence of lawyer |
| Upon arrest | Duty lawyer available within 2 hours |
Costs of a Lawyer
Upon arrest in Rijswijk, the initial assistance from a duty lawyer is free of charge. For further legal assistance, it depends on your financial situation (legal aid or own contribution).
Your Right to Remain Silent in Rijswijk
You are not obliged to answer questions during an interrogation. This right, enshrined in Article 29 of the Code of Criminal Procedure, also applies in Rijswijk.
Mandatory Notification of Right to Remain Silent
The police in Rijswijk must inform you of your right to remain silent before the interrogation with the statement: 'You are not obliged to say anything.'
How to Exercise the Right to Remain Silent
- You do not have to explain your silence
- Silence may not be used as evidence against you
- A judge may take silence into account in the sentencing
- You may choose to answer only certain questions
Course of a Police Interrogation
In Rijswijk, an interrogation follows fixed procedures and rules.
Interrogation Steps
- Inform about the right to consultation assistance
- Consultation moment with a lawyer (if desired)
- Start of interrogation with notification of right to remain silent
- Questions about your identity (mandatory to answer)
- Questions about the suspicion (right to remain silent applicable)
- Drafting of a record of interrogation
- Reading aloud and opportunity to sign
Your Rights During an Interrogation
| Right | Explanation |
|---|---|
| Right to remain silent | No obligation to answer |
| Lawyer | Right to assistance before and during interrogation |
| Interpreter | Available in case of language barriers |
| Inspection of record of interrogation | Check before signing |
| Amendments | Make corrections for errors |
Prohibited Interrogation Methods
The police in Rijswijk may not exert undue pressure during an interrogation.
Prohibited Tactics
- Physical intimidation or violence
- Inhumane treatment or torture
- Interrogation without breaks
- Making unrealistic promises
- Providing incorrect information about evidence
The Record of Interrogation in Rijswijk
After the interrogation, a record of interrogation is drawn up by the police in Rijswijk.
Important Points of Attention
- Check the record of interrogation thoroughly
- Request amendment for inaccuracies
- Signing is not mandatory
- Refusal to sign will be noted
Practical Tips for an Interrogation
- Always request a lawyer in Rijswijk
- Consult your lawyer first before speaking
- Think carefully before giving an answer
- Say nothing you have doubts about
- Do not sign if you disagree with the text
Frequently Asked Questions about Interrogations in Rijswijk
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 enshrined in law.
Can I refuse to answer?
Yes, thanks to the right to remain silent, you are not obliged to answer questions. This protects you against self-incrimination, as your words can be used against you.
How do I request a lawyer?
You can directly request a lawyer. In Rijswijk, you have the right to free legal aid upon arrest. The police must arrange a lawyer before the interrogation proceeds.
Must I comply with a police summons?
Yes, a summons from the police in Rijswijk must be followed. Refusal may be punishable. If you do not come, the police may pick you up. You do have the right to a lawyer.
May I record an interrogation?
In most cases, you may not record an interrogation yourself, unless with police permission. Ask your lawyer for advice on the options.
Court: District Court of The Hague (district)
Legal Aid Office: Legal Aid Office Rijswijk