Being arrested: your rights

You have been arrested and taken into custody by the Royal Netherlands Marechaussee. Or you have been invited to an interview. Find out what your rights are and what happens after you have been interviewed.

If the Marechaussee has invited you to an interview

If the Marechaussee have invited you to an interview because you are suspected of a criminal offence, you will be required to identify yourself before the interview. So you will have to bring a valid ID, such as your passport or European identity card. You can contact a lawyer before you are interviewed. A lawyer can give you information and legal advice, and may also be present during the interview. If you personally arrange a lawyer, you will have to pay the costs.

If you have been arrested by the Marechaussee

If you have been arrested by the Marechaussee because you are suspected of a criminal offence, you will be interviewed by the Marechaussee. This means that the Marechaussee may ask you questions.

Your rights

  • You have the right to know of which criminal offence you are suspected.
  • You have the right not to answer questions (right to remain silent).
  • You have the right to speak confidentially with a lawyer before your first interview and any subsequent interviews.
  • You have the right to the presence of a lawyer during the interview to give you legal assistance.
  • If don’t understand something, please tell this to the officer.
  • If the public prosecutor or assistant public prosecutor decides that you must stay at the station, you have the right to inform someone you know (such as a family member or a housemate) that you are in custody. In some cases, the public prosecutor or assistant public prosecutor can decide that you must be temporarily released from custody. He/she will then inform you of this.
  • If you do not have Dutch nationality, you may ask that your country’s consulate or embassy be informed that you are in
    custody.
  • You have the right to see documents available about your case. However, the public prosecutor can in certain cases decide that this is not permitted. He/she will then inform you of this.

Information sheet

Read more abour your rights in the information sheet (PDF, 136 kB).