Crimes > Reporting an offence > Suspects

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Suspects

In a pre-trial investigation a person can be questioned as a suspect when there is reason to suspect that he/she is guilty of a criminal act, i.e. when there is a known factor that indicates possible guilt.

Before the questioning begins, the police have a duty to notify the suspect of the act he/she is suspected of having committed. Before questioning, the suspect must also be clearly told his/her right to engage a legal counsel in the pre-trial investigation and when he/she can be appointed a public defence counsel.

A suspect is assumed innocent and treated as such during the pre-trial investigation. Equal consideration will be given to all evidence and other factors, whether they support the charges or not, and nobody’s rights may be unduly interfered with during the pre-trial investigation. No-one may be placed under suspicion without reason, nor may any undue injury, damage or inconvenience be incurred by anyone.

A suspect has the right to be told of the outcome of the pre-trial investigation as soon as this is possible without hampering the criminal investigation. The suspect has the right to demand that the police conduct questioning and to demand other pre-trial investigation measures which may have an influence on the outcome of the case, provided that these do not incur unreasonable cost.

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