A detained person has the right to receive understandable information about the alleged facts and their rights, as well as legal assistance on the terms provided by law. Before giving a statement, they must be able to understand their situation and consult their defence lawyer under the applicable regime.
Information, silence and assistance
Article 520 of the Criminal Procedure Act sets out rights including remaining silent, not testifying against oneself and not confessing guilt. It also regulates assistance by a lawyer, interpretation where appropriate and other rights concerning communication and care.
Exercising the right to remain silent does not amount to admitting the facts. The decision whether and how to give a statement must be made with advice and sufficient understanding of the situation, without using standard answers prepared for every case.
What the defence can review
Assistance is not limited to being present when a document is signed. There are rights to information and access to essential material for challenging the lawfulness of deprivation of liberty, within the scope provided by law. The opportunity for a confidential interview and understanding what is recorded also matter.
If an interpreter or medical assistance is needed, this must be communicated. Treatments or health needs should be specified accurately. Documents must be read, and any difficulty in understanding them must be made known.
Duration of detention
Preventive detention must last only as long as is strictly necessary for the relevant enquiries. Under the ordinary adult regime, there is a general maximum of seventy-two hours before release or being brought before a judicial authority, without prejudice to cases subject to specific rules.
That maximum does not authorise the full period to be used in every case. The position of minors and certain special regimes require their own analysis; they should not be explained through a single rule for everyone.
What the family can do
Gather practical information and communicate any potentially relevant health or contact details to the defence. Avoid sharing accounts of the case on social media or coordinating statements. Do not delete messages, alter documents or contact other people to influence their account.
If the precise situation is unknown, distinguish confirmed information from what you have been told. Urgent assistance during detention should not depend on waiting for a response to a website's general enquiry form.
Frequently asked questions
Must I immediately answer everything I am asked?
There are rights to silence and assistance. How to exercise them should be considered with the defence in the specific circumstances.
Does the seventy-two-hour limit mean release cannot happen earlier?
No. Detention must last only as long as is strictly necessary; the general maximum is not a compulsory duration.
Our criminal law page explains the scope of the firm's assistance. This article provides general information and does not replace immediate legal assistance during detention.
