Received an Invitation to Attend a Police Interview. What Should You Do?

Have you received an invitation to attend a police interview? Have you suddenly been informed that you are suspected of an offence punishable by imprisonment? Naturally, this can come as quite a shock. When an adult is invited to attend an interview as a suspect and is not deprived of their liberty, the interview will generally fall under Salduz Category III, provided that the suspected offence is punishable by a custodial sentence. This means that you are not being detained at that stage and are, in principle, free to come and go as you wish. Only at a later stage of the proceedings may a court, if the case is brought before it and you are found guilty, impose a sentence, which may include imprisonment. Furthermore, the description of the alleged offence in your interview invitation is not definitive. The legal classification is based on the initial findings available to the police at that time and may change as the investigation progresses.

Your Rights as a Suspect

Your invitation to attend a police interview will normally also set out your rights as a suspect. These include, subject to the applicable legal conditions:

• The right to a prior confidential consultation with a lawyer and to legal assistance during the interview;
• The right to the assistance of an interpreter;
• The right to receive brief information about the facts on which you will be questioned;
• The right to remain silent.

During the interview, you may choose to make a spontaneous oral statement about the facts or submit a written statement, which the police officer may subsequently examine and address through questions. You may also choose to answer the police officer’s questions orally. You are equally entitled to remain silent. You can do so by informing the police officer that you do not wish to make a statement or that you intend to exercise your right to remain silent. Whether remaining silent is in your best interests depends on the circumstances and your involvement in the case. It is advisable to discuss this with a lawyer beforehand.

The Role of a Lawyer

The role of a lawyer during a police interview is primarily to ensure that the interview is conducted properly and that your rights are respected. A lawyer can also play an active role by asking the police to clarify certain questions, making observations and advising you on whether and how to exercise your right to remain silent. However, a lawyer is not permitted to answer the questions on your behalf.

If you attend the police station without a lawyer, this does not automatically mean that you have validly waived your rights. Under certain circumstances provided for by law, receiving a written invitation containing the required information means that you are deemed to have received prior confidential legal consultation and taken the necessary steps to arrange legal assistance during the interview. You may also waive certain rights, subject to the applicable legal requirements.

Minors benefit from specific safeguards and must, in principle, be assisted by a lawyer during a police interview. They cannot waive this assistance under the same conditions as adults.

Your Statement

Receiving an invitation to attend a police interview does not mean that you are guilty. It means that a criminal investigation is underway and that the police wish to obtain your account of the facts in relation to which you may be considered a suspect.

Nevertheless, it is important to prepare your statement carefully and bring any evidence or documents that may support your account of events. During the interview, you may also request that the police carry out additional investigative measures, such as interviewing a witness or examining CCTV footage.

Your statement will be recorded in an official police report and may become part of the criminal case file. Once the investigation progresses or concludes, several outcomes are possible. The King’s Public Prosecutor may, among other things, decide to:

• Discontinue the case without further action, for example because no offence has been committed, there is insufficient evidence or other criminal justice priorities apply;
• Propose an amicable settlement, where the legal requirements are met;
• Propose criminal mediation between the alleged offender and the victim, where the legal requirements are satisfied;
• Request a judicial investigation by an investigating judge if further investigative measures are necessary;
• Refer the case to the competent criminal court.

You will not necessarily be notified automatically of every decision made during the investigation. Whether and when you are informed depends, among other things, on the decision taken and your procedural status.

Questions?

Do you have questions about an invitation to attend a police interview? Would you like legal advice regarding your specific situation, or do you require assistance during the interview? Contact one of our criminal law specialists. They can assess your situation, explain your rights and assist you in preparing for the interview.