Arrested persons have a certain range of guaranteed rights that state authorities are obliged to respect. Arrest is often preceded or accompanied by a search, as an evidentiary action that is also strictly subject to legal and constitutional limitations. It is important to understand that an arrest itself can escalate into police custody, after which detention can be proposed. Failure to respect the rights of the arrested person, as well as procedural errors in the collection of evidence, can lead to negative consequences for the prosecution in the future criminal proceedings, and in some cases even to the state's responsibility for possible suffered damagesIf an arrested person decides not to exercise their rights, they may put themselves in a disadvantageous position in the further course of the proceedings. In this text, we will briefly see what rights an arrested person has.
Are the rights listed below the only rights that an arrested person has?
Regarding this issue, it is not easy to write a concise and short text, given that the obligations of authorities depend on the grounds and reasons for the arrest and the procedural stage of the proceedings. Considering this, the text below lists some general rights that an arrested person has, without burdening the text with details and procedural rules. This certainly does not mean that these are the only rights that an arrested person has.
Rights of arrested persons
1. The right for his personality to be respected and the right to humane treatment
An arrested person must be treated humanely and with respect for his dignity. Using violence against an arrested person, as well gaining a coerced testimony is prohibited.
2. The right to be informed of the reason for the arrest
An arrested person has the right to be immediately informed about the reason for the arrest in a language which he understands.
3. The right to remain silent
An arrested person has the right to remain silent, as well as to refuse to answer certain questions.
This of course means that an arrested person has the right to freely present his defense and to answer every question he is asked. He can also admit or deny his guilt. However, before deciding to go down this route, it is strongly recommended that he consults his attorney.
4. The right to an attorney and professional defense
The arrested person has the right to defend himself alone or with the professional assistance of a defense attorney. However, if he is ordered to be detained by the police for 48 hours, the arrested person must have a defense attorney. If he does not appoint one himself, he will be assigned a defense attorney ex officio for the time he is deprived of his liberty.
Before questioning, the arrested person has the right to a confidential interview with his attorney. This interview may only be monitored visually. Audio monitoring, as well as recording, is prohibited.
An arrested person has the right to have his attorney present during questioning.
Regardless of this, professional assistance from a defense attorney is always advisable in the early stages of the proceedings, even before the arrest itself – for example during collecting information from citizens.
5. The right to inform a family member or close person about the arrest
An arrested person has the right to demand for one of his family members or another person close to him to be informed about the arrest without delay.
If an arrested person is a foreign citizen, he also has the right to demand for the diplomatic/consular representative of his country to be informed about the arrest without delay. If an arrested person is a refugee or stateless person, then this right applies to a representative of an authorized international organization of public law character.
6. The right to seek medical attention
An arrested person has the right to demand to be examined by a doctor of his choice without delay. If his doctor is not available, the doctor will be designated by the public prosecutor or the court.
7. The right to court access without delay
A person who was arrested without a court decision must be handed over to the competent court without delay or at most within 48 hours in order to determine if the arrest has legal grounds. Otherwise, the arrested person is released.
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