When someone suddenly receives a letter or telephone call about an international criminal case, it almost always leads to unrest. It often states that you must appear for questioning as a suspect “at the request of foreign authorities”. But what exactly does this mean? Do you have to go abroad? And what are your rights?
In this article, the criminal lawyers of Arslan Advocaten clearly explain what a legal assistance request entails and what you must do if you have been summoned as a suspect.
What is a legal assistance request from the abroad?
A request for legal assistance is an official request from a foreign judicial authority to the Netherlands to provide assistance in an ongoing criminal investigation. This falls under international legal assistance, where countries cooperate in collecting evidence or interviewing those involved.
Foreign authorities can ask the Netherlands, among other things, to:
hear a person as a suspect or witness,
provide documents or information,
seize goods or bank accounts,
or deport someone
In the Netherlands, these requests are carried out by the Public Prosecution Service or the police, in accordance with Dutch laws and regulations.
Why have you been called as a suspect?
If you receive a call, this means that you are considered a suspect abroad in an ongoing criminal case. Because you live in the Netherlands, the Dutch authorities carry out the interrogation on behalf of that country.
Important points of interest:
You are not a suspect in the Netherlands, but abroad.
You are entitled to assistance from a lawyer.
You have the right to remain silent: you do not have to ask any questions. answer.
Your statement will be forwarded abroad and can be used against you there.
Sometimes foreign representatives are present during the interrogation. The Dutch authorities must ensure that the interrogation takes place lawfully and in accordance with Dutch rules.
Do you have to travel abroad?
In most cases this is not mandatory.
The purpose of a request for legal assistance is precisely that the interrogation is conducted in the Netherlands. Only in exceptional situations can a foreign authority request your personal presence, but this is very unusual.
What should you do if you receive a summons?
A summons in an international criminal case is not a formality. You must therefore always act carefully. The most important steps:
1. Contact a specialized lawyer immediately
Never explain yourself and do not take a risk by going to the interrogation unprepared.
2. Have it checked whether you are obliged to appear
Not every request for legal assistance is made correctly. Sometimes there is no obligation to appear.
3. Find out exactly what the foreign investigation is about
You have the right to clarity about your legal position and the subject of the interrogation.
4. Prepare the interrogation carefully
What you do or do not explain can have enormous consequences abroad.
At Arslan Advocaten we always investigate:
whether it request for legal assistance is legally correct,
whether there is an obligation to appear,
the precise background of the foreign investigation,
what risks you run in the country that made the request.
We ensure that your rights are optimally protected.
Experience with international criminal cases
Our office is located regularly assists clients who are summoned by foreign authorities, including from:
Turkey
Belgium
Germany
France
various other European countries
We know how foreign investigations are structured, what pitfalls exist and how we prevent your statement from creating unnecessary risk.
Why legal assistance is indispensable
A statement in a request for legal assistance is often one of the most important means of evidence in a foreign criminal case. Without guidance you can:
unintentionally make incriminating statements,
confirm wrong assumptions,
give information that is interpreted differently abroad.
Our lawyers ensure that this is prevented.
Finally
A call as a suspect in a foreign legal assistance request can have major consequences for your rights – not only in the Netherlands, but especially abroad. Therefore, never take part in an interrogation unprepared.
The international criminal lawyers of Arslan Advocaten are ready for you: expert, experienced and fully focused on protecting your interests.
📞 Would you like advice or assistance? your business? Contact us today