Rights of the Suspect

A suspect is a person under suspicion during the investigation stage of criminal proceedings; at the prosecution stage the same person becomes the accused. The Code of Criminal Procedure grants suspects rights during statement-taking and interrogation (Art. 147).

Basic Rights

• To be informed of the accusation: The suspect is told the accusation against them.
• Right to remain silent: The suspect may choose not to make any statement about the alleged offence; silence cannot be interpreted against them.
• Right to counsel: The suspect has the right to choose and be assisted by counsel at every stage. For offences with a minimum penalty of more than five years’ imprisonment and where the suspect cannot choose counsel, counsel is appointed without request.
• Informing relatives: The arrest or detention of a suspect is notified to a relative of their choice.
• Requesting evidence: The suspect may request collection of specific evidence to clear themselves.

Prohibited Methods

The suspect’s statement must be based on free will. Statements obtained through ill-treatment, torture, forced administration of drugs, exhaustion, deception, force or threat cannot be used as evidence even with consent. A statement taken by the police without counsel present cannot form the basis of a judgment unless confirmed before a judge or court.

For Company Managers

In economic crime investigations, managers are often first called as “persons with knowledge” and may later become suspects. Therefore:

• Ask in what capacity you are being called,
• Meet counsel and learn the allegations in the file before giving a statement,
• Separate statements on behalf of the company from personal defence,
• Prepare documents and correspondence, but avoid any act that could raise suspicion of tampering with evidence.

Suspects and companies also have rights in search and seizure. For the scope of managers’ liability, see Criminal Liability of Managers.