If the police have called you in for questioning as a suspect, you have the right to be accompanied by a lawyer (defence counsel) — and doing so is strongly advisable. Statements made during questioning can significantly affect the entire subsequent course of criminal proceedings, so it is wise not to attend alone..
What Is the Pre-Trial Procedure and What Does It Mean to Be Questioned as a Suspect
The pre-trial procedure is the first phase of criminal proceedings, during which the police gather information, evidence, and other material needed to decide on further criminal prosecution. This phase often involves questioning the suspect at a police station, where the suspect may retain defence counsel. The gathering of information, i.e. police questioning, can have serious consequences for the further course of criminal proceedings and the collection of additional evidence, making it one of the most critical moments of the entire process.
Do I Need a Lawyer If the Police Call Me In for Questioning?
Short answer: yes, it is advisable to attend questioning with a lawyer. At the very start of questioning, a suspect must be informed of the right to retain defence counsel. If this right is exercised, the police draw up a record based on the information gathered, which later serves as concrete evidence in the criminal proceedings. During questioning, the lawyer ensures that the police comply with legal provisions and that the procedure is conducted lawfully.
What Happens If You Attend Questioning Without a Lawyer
If a suspect does not attend questioning together with defence counsel, or does not request counsel’s presence during questioning, their statements are not recorded in a formal record that could in itself constitute evidence in criminal proceedings. In this case, the gathering of information/questioning concludes with an official note instead.
Although an official note does not count as evidence on its own, it still carries important consequences:
— it becomes part of the case file, to which both the court and the public prosecutor’s office have unrestricted access;
— it can serve as a basis for further evidence-gathering and its interpretation;
— it may be relied upon for further procedural measures, including a search warrant, a detention order, and even an indictment.
Why Is a Lawyer’s Presence at Questioning Important
It is precisely in the initial phase of criminal proceedings that errors and rights violations most often occur — ones that can affect the entire subsequent course of the case. During questioning, the state is represented by professionally trained bodies (police, the public prosecutor’s office and, later, the court), giving it considerably greater power than an individual. Questioning often involves techniques such as leading or ambiguous questions, which can lead to unintentional self-incrimination or admission of other facts.
During questioning, defence counsel:
— ensures the police comply with legal provisions and that the procedure is conducted lawfully;
— advises the suspect, given the circumstances, whether it makes sense to make a statement or exercise the right to remain silent;
— helps the suspect understand the police’s questions;
— flags any leading or ambiguous questions;
— flags other procedural irregularities.
The right to defence counsel is therefore not a mere formality but one of the fundamental rights of a fair criminal procedure — it enables the individual to mount an effective defence and helps ensure the proceedings are conducted fairly.
Law Firm Radež — Legal Assistance During Suspect Questioning
Odvetniška družba Radež strankam zagotavlja učinkovito obrambo v kazenskem postopku, kar vključuje svetovanje že v predkazenskem postopku in osebno prisotnost odvetnika ob zaslišanju osumljenca na policijski postaji. Če vas je policija povabila na zaslišanje ali pričakujete vabilo, se obrnite na nas še pred zaslišanjem, da vam lahko pravočasno svetujemo glede nadaljnjih korakov.
Frequently Asked Questions: Police Interrogation of a Suspect: Do You Need a Lawyer?
Do I need a lawyer when questioned by the police?
Ni obvezno, je pa priporočljivo. Izjave, dane na zaslišanju brez odvetnika, lahko pomembno vplivajo na nadaljnji potek kazenskega postopka, zato je smiselno, da vas na zaslišanju spremlja zagovornik, ki skrbi za zakonitost postopka in vas usmerja pri odločitvi, ali podati izjavo ali uveljaviti pravico do molka.
What is the difference between a formal record and an official note when a suspect is questioned?
A formal record is drawn up when a suspect is questioned in the presence of defence counsel, and it counts as concrete evidence in criminal proceedings. An official note is drawn up when questioning takes place without defence counsel; it does not count as evidence on its own but can serve as a basis for further evidence-gathering, a search, detention, or an indictment.
Do I have to appear for police questioning as soon as I am called?
It is advisable to consult a lawyer before questioning about how and when to respond to a police summons, since the circumstances of each case differ.
Can I exercise the right to remain silent during questioning?
Yes. A suspect is not obliged to make a statement and has the right to remain silent. Whether this makes sense in a particular case depends on the circumstances, so it is advisable to consult defence counsel about it.
How does Law Firm Radež help with suspect questioning?
We provide legal advice already before questioning, as well as the lawyer’s personal presence during questioning at the police station, with the aim of protecting the client’s rights and ensuring the procedure is conducted lawfully.
