Information for defendants

The police may arrest an individual if:

• there is reasonable suspicion that the person in question has committed an offence which can be prosecuted

• arrest is considered necessary to prevent the continuation of the offence

• to ensure the presence of the accused or the safety of the accused or others

• to prevent the individual from compromising evidence.

The condition for an arrest is therefore that an arrest is considered necessary.

Upon arrest, the arrested person shall be informed of the reasons for the arrest. An arrested defendant who has been arrested for the purpose of the investigation of a case shall have the right to contact a lawyer immediately after his or her arrest, as well as the immediate family, unless there is special reason to believe that this will hinder the investigation of the case. The police shall then, as soon as possible, inform the accused's next of kin that he or she has been arrested and where he or she is being held.

The police are obliged to comply with the request of the accused to appoint a defence counsel if he or she has been arrested in the interests of the investigation of the case. An arrested person may be searched and items he/she has on him/her may be taken from him/her. In general, the items shall be returned when the arrest is completed.

Not held longer than 24 hours

The police may hold the arrested individual/criminal for up to 24 hours, but the person in question must be released thereafter. If the intention is to keep the accused longer, a demand for custody must be made in court. If the defendant is requested to be detained, the defence counsel will appear with the defendant before the court and guard his or her interests there.