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Your rights during police questioning

Invited for police questioning in the Netherlands? Check your role. This explanation concerns questioning as a suspect, rather than as a witness.

Duration: 1:13

Further reading and sources

This video summarizes the main points. The full article provides more detail, exceptions and official sources. The information concerns adult suspects and does not replace advice about your case.

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Spoken transcript

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Criminal Law in the Netherlands.

Invited for police questioning in the Netherlands? Check your role. This explanation concerns questioning as a suspect, rather than as a witness.

Keep the invitation and make a timeline. Separate your own memories from information provided by others, and clearly mark uncertainties.

Discuss the suspicion and your rights with a lawyer beforehand. Also arrange legal assistance during the interview, and clarify the arrangements.

You do not have to answer questions about the suspected offence. Discuss with your lawyer what giving or withholding a statement means.

If a question is unclear, ask for an explanation. Mention language difficulties or health problems that make the interview harder.

Check the interview record with your lawyer and point out inaccuracies. You are not required to sign the record.

Read the full explanation on the Criminal Law in the Netherlands website.

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1:07

What should you do after an arrest?

Arrested in the Netherlands? Ask what you are suspected of. Suspicion does not mean that guilt has been established.

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1:13

Received a summons: what happens next?

A Dutch criminal summons calls you to court. The Public Prosecution Service presents an accusation; the judge decides the case.

Watch the video
1:15

How does a Dutch criminal case proceed?

A Dutch criminal case does not always follow the same route. Identify the decision you have received and the appropriate response.

Watch the video
Understand the supporting sources

Sources and supporting information

Here you can find the sources for this page. Open the original publication for the full explanation, conditions and exceptions.

  1. National government: information sheet for suspectsOpens in a new tabrijksoverheid.nlhttps://www.rijksoverheid.nl/documenten/2017/03/01/u-wordt-verdacht-van-een-strafbaar-feit
  2. National government: the position of a witnessOpens in a new tabrijksoverheid.nlhttps://www.rijksoverheid.nl/documenten/vraag-en-antwoord/rechtspraak-en-geschiloplossing/ben-ik-als-getuige-verplicht-een-getuigenverklaring-af-te-leggen
  3. Police: the task of a lawyer during interrogationOpens in a new tabpolitie.nlhttps://www.politie.nl/informatie/wat-is-de-taak-van-de-advocaat-van-de-verdachte.html
  4. Public Prosecutor's Office at the Supreme Court: explanation of the case law on silence, ECLI:NL:PHR:2023:1188Opens in a new tabuitspraken.rechtspraak.nlhttps://uitspraken.rechtspraak.nl/details?id=ECLI%3ANL%3APHR%3A2023%3A1188
  5. Police: what is an official report?Opens in a new tabpolitie.nlhttps://www.politie.nl/informatie/wat-is-een-proces-verbaal.html
  6. Police: signing an official reportOpens in a new tabpolitie.nlhttps://www.politie.nl/informatie/moet-u-een-proces-verbaal-ondertekenen.html
  7. Police: request case documents as a suspectOpens in a new tabpolitie.nlhttps://www.politie.nl/informatie/hoe-vraag-je-als-verdachte-een-proces-verbaal-of-andere-processtukken-op.html
  8. Police: lawyer and support when interrogating minorsOpens in a new tabpolitie.nlhttps://www.politie.nl/informatie/krijg-ik-een-advocaat-tijdens-een-politieverhoor.html

Consultation date not recorded.

A source reference does not constitute a legal review of this page.

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