Being questioned as the accused: your rights
The right to be informed of the charges
Before their first interview, the accused must be informed, in a language they understand, of the facts alleged against them and the offences under consideration (art. 158 CCP). This information is a condition for the validity of the interview: without it, the interview in principle cannot be used against the accused.
The right to remain silent
The accused must also be informed of their right to refuse to make a statement and to cooperate, without their silence being held against them. This right applies from the first contact with the criminal prosecution authorities, regardless of the stage of the proceedings.
The right to a defence lawyer
The accused has the right to call on a lawyer of their choice or, if they lack the means, to request a court-appointed defence lawyer in the cases of mandatory defence provided by law. This right must be pointed out to them before questioning, and they can in principle request a short postponement to organise their defence.
The consequences of a violation of these rights
An interview conducted in violation of these fundamental rights (no information on the charges, no information on the right to remain silent or the right to a lawyer) is in principle inadmissible as evidence, which can have significant consequences for the rest of the criminal proceedings.
Frequently asked questions
Am I required to answer questions from the police or the public prosecutor?
No, you have the right to remain silent at any stage of the proceedings, and this silence cannot be held against you (art. 158 CCP).
Am I entitled to a lawyer from the first interview?
Yes, you have the right to call on a lawyer of your choice, or to request a court-appointed defence lawyer if you lack the means in cases of mandatory defence provided by law, and this right must be pointed out to you before questioning.
What happens if these rights were not pointed out to me before questioning?
An interview conducted in violation of these guarantees is in principle inadmissible as evidence in the proceedings.