Have you been arrested? Discover your rights.

Being arrested does not automatically mean losing all your rights. From the moment of arrest, every person has the right to a solicitor to protect their freedom and their rights under the law.

In today's article, we will describe what legal assistance for detainees consists of, as well as the rights of detainees.

What does assistance to detainees consist of?

Assistance to detainees consists of ensuring that a detained person can exercise their right to defence and receive adequate legal protection from the moment of arrest.

Firstly, the solicitor will meet privately with the detainee to find out the details of the circumstances of their arrest and thus clarify how to proceed.

Secondly, they will provide advice before the statement is made. The solicitor will inform the detainee of their right not to make a statement, to make a statement only in court, or to make a statement at all. This moment is essential to avoid statements that could be detrimental to the detainee in the following stages of the proceedings.

Thirdly, if the detainee decides to make a statement, the solicitor will be present to ensure that the statement is made in accordance with the law, without any coercion.

If the detainee does not appoint a solicitor, a court-appointed solicitor will be assigned to them, who will defend them in the same way as a private solicitor.

What are your rights?

Article 520 of the Criminal Procedure Act describes the fundamental rights of detained persons. Below, we explain the most important ones:

- To know and be informed of the charges against them, i.e. when arrested, the detainee must know what they are accused of.

- To remain silent and not make a statement if they do not wish to do so, and not to answer any of the questions asked by the authorities.

- To examine the proceedings in advance in order to safeguard the right of defence and, in any case, before a statement is taken.

- The right to inform a family member or a person of their choice of their detention. If the detainee is a foreign national, they also have the right to contact their country's embassy.

- To freely appoint a solicitor.

- The right to be examined by a forensic doctor who can assess their state of health and certify whether they have any injuries.

- The right to free translation, i.e. if the detainee does not understand or speak the language, they have the right to be assisted by a translator who will inform them of all relevant information.

- The right to a trial without undue delay. According to the law, detention must last only as long as is strictly necessary to clarify the facts and, in any case, may not exceed 72 hours without being brought before a judge.

- Not to incriminate yourself, i.e. not to be forced to confess guilt or testify against yourself.

Knowing these rights is essential, as it ensures that the proceedings are conducted with all the necessary safeguards and that the legal protection of the detained person is respected. If you have been arrested and need a solicitor, please contact us.