Can I Remain Silent During a Police Interrogation?

Yes, you always have the right to remain silent during a police interrogation. You are not obligated to answer questions that could incriminate you. This right to silence is a fundamental right that protects you against self-incrimination and ensures that the police must gather evidence themselves.

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The Short Answer

You may always remain silent during a police interrogation, whether you are arrested or voluntarily cooperating. This right applies from the moment you are a suspect of a criminal offense. The police may ask you questions, but you decide whether to answer. Remaining silent can never be used against you as evidence of guilt. It is important to know that this right is always there, regardless of how the police react.

What Does the Law Say?

The right to remain silent is enshrined in Article 29 of the Code of Criminal Procedure. This law stipulates that no one is obligated to testify against themselves. The European Convention on Human Rights further strengthens this right. The police must inform you of this right before the interrogation begins.

1Article 29 Code of Criminal Procedure: right to remain silent

2European Convention on Human Rights Article 6: right to a fair trial

3Police's obligation to inform you of your rights before the interrogation

What Should You Watch Out For?

You do not have to explain why you are remaining silent - this is your legal right. The police may try to get you to talk, but intimidation is not allowed. Note that you must provide your personal information (name, address) upon a lawful arrest. Always request a lawyer if you are unsure about your rights.

1You do not have to give a reason for your silence

2Police intimidation is not permitted

3You must provide personal information upon arrest

4Request a lawyer if you are unsure about your rights

Example from Practice

Suppose you are arrested on suspicion of shoplifting. The police take you to the station and want to interrogate you. You can then say: 'I am exercising my right to remain silent'. The police may continue to ask questions, but you do not have to say anything. This silence cannot later be used by the judge as evidence that you are guilty. However, other evidence, such as CCTV footage, can still be used against you.

What Can You Do?

Concrete steps to exercise your right to remain silent during a police interrogation.

1Clearly say: 'I am exercising my right to remain silent'

2Request contact with a lawyer before saying anything

3Remain calm and polite, even if the police continue to question you

Conclusion

Your right to remain silent is a fundamental right that always applies during police interrogations. Exercise this right if you are unsure about your situation and seek legal assistance if necessary.

Frequently Asked Questions

Can remaining silent be used against me as evidence?

Do I have to provide my name and address?

Can I retract my statement later?

Are there exceptions to the right to remain silent?

Do I have the right to a lawyer during the interrogation?

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