Right to remain silent: what should you discuss with your lawyer?
You are being interrogated as a suspect by the police. Do you have to tell your story right away? You have the right to remain silent: you do not have to answer substantive questions about the suspicion.
Duration: 1:46
Further reading and sources
This video summarises the main points. The full article provides more detail, exceptions and official sources. This information does not replace advice about your case.
Read the full articleSpoken transcript
Download the transcriptCriminal Law in the Netherlands.
You are being interrogated as a suspect by the police. Do you have to tell your story right away? You have the right to remain silent: you do not have to answer substantive questions about the suspicion.
First ask what you are suspected of. Which event is meant, and which questions remain unclear? Understanding what the interrogation is about will help you prepare for the conversation with your lawyer.
You have the right to confidential consultation with a lawyer before the first interrogation. Discuss the suspicion, the available documents and what you know. The lawyer can also assist you during the interrogation.
Before the consultation, distinguish between what you have experienced yourself, what you heard from others and what you are not sure about. Discuss with your lawyer what giving a statement or remaining silent could mean in your situation.
If you don't understand a question, say so. If you feel ill or cannot follow the conversation, please report that too. Your lawyer can identify misunderstandings or pressure and ask for an interruption for consultation.
Take three questions with you to your lawyer: what is the precise suspicion, what do I know for sure, and how do I indicate that I want to consult again? The right to remain silent concerns giving a statement. Identity determination has its own rules.
Read the full explanation on the Criminal Law in the Netherlands website.
All explainer videos
1:07What 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.
Watch the video
1:13Your 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.
Watch the video
1:13Received 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