The police called me in for questioning
What you need to know before responding to a police summons for questioning.
What to do
Before responding to the summons, it is useful to establish in what capacity you have been summoned - as a citizen giving information, as a witness, or as a suspect - since this determines which rights and obligations apply. A police summons must state the reason for the summons and the capacity in which you are called (Art. 288(1) of the Criminal Procedure Code); if this is not clear, it can be confirmed by calling the authority that issued the summons before the scheduled appointment. When the police collect information from citizens, they cannot question them as suspects or examine them as witnesses in that interview (Art. 288(2)); if during the interview the police conclude that the person may be considered a suspect, they must immediately inform them of their rights and of the right to counsel (Art. 289(2)).
If the questioning is being conducted against you as a suspect, the Zakonik o krivičnom postupku (the Criminal Procedure Code) provides that, before the questioning begins, you must be informed of the offense you are suspected of and the grounds for suspicion, and that you have the right to say nothing, to decline to answer a particular question, and to have defense counsel present at the questioning itself (Arts. 68 and 85); an arrested person also has the right to a confidential conversation with counsel before the questioning (Art. 69). A suspect's statement to the police can be used as evidence if it was given in the presence of defense counsel (Art. 289(4)). These rights exist regardless of whether you think you can "easily explain the situation" - their purpose is for the decision on what and when to state to be made after speaking with defense counsel, not under the pressure of the moment.
If you do not have defense counsel engaged at the time of the summons, and it is the first questioning, the law gives 24 hours from being informed of the right to counsel to secure counsel's presence; only if you do not do so may the questioning take place without counsel, except in cases of mandatory defense (Art. 85(4)). Let the authority that summoned you know that you are engaging counsel, if possible before the scheduled appointment itself.
During the questioning, speak calmly and stick to the facts you are prepared to present; if you are unsure whether to answer a particular question, you can ask for a short word with defense counsel or simply decline to answer that question (Art. 68(1)(2)). When it is over, before signing the record, check that your statement has been accurately and completely recorded, and ask for a copy of it.
When to consult a lawyer
Engaging defense counsel before the questioning makes sense in any situation where the questioning is conducted in the capacity of a suspect, regardless of the seriousness of the offense stated in the summons, because defense counsel can assess in advance which answers make sense to give and which do not. Engagement is mandatory by law in specifically prescribed cases (for example, when the person is held or detained, or when the proceedings concern a criminal offense carrying a prison sentence of eight years or more, Art. 74 of the Criminal Procedure Code), and in those cases, if you do not arrange defense counsel yourself, the court appoints defense counsel ex officio. Even when the questioning is not formally required to be attended by defense counsel, consulting one before going helps clarify in advance what is being asked of you and what the possible further course of the proceedings may be.
Sources
- Criminal Procedure Code (Zakonik o krivičnom postupku, Sl. glasnik RS, no. 72/2011 ... 62/2021 - Constitutional Court decision), Arts. 68, 69, 74, 85, 95, 288 and 289
- Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata, Sl. glasnik RS, no. 43/2023), item 1
What to do
- Check who is summoning you (the police or the public prosecutor's office) and in what capacity - as a citizen for information purposes, as a witness, or as a suspect. A police summons must state the reason for the summons and the capacity in which you are called (Art. 288(1) of the Criminal Procedure Code), and a person against whom there are grounds for suspicion may be called only as a suspect, with a warning that they have the right to engage defense counsel (Art. 289(1)). If anything is unclear, it can be confirmed by calling the authority that issued it.
- Before going, consider engaging defense counsel. The Zakonik o krivičnom postupku (the Criminal Procedure Code) gives the suspect the right to be defended with the help of counsel and to have counsel present at the questioning (Art. 68(1)(3) and (4)), and an arrested person also has the right to a confidential conversation with counsel before the questioning (Art. 69).
- The Zakonik o krivičnom postupku (the Criminal Procedure Code) provides the suspect with the right to say nothing at all, to decline to answer a particular question, and to freely present their defense (Art. 68(1)(2)); at the same time, anything you do state may be used as evidence in the further proceedings (item 1). A suspect's statement to the police can be used as evidence if the consent to questioning and the statement itself were given in the presence of defense counsel (Art. 289(4)).
- If you are unable to arrange defense counsel right away, inform the authority that summoned you. For the first questioning the law gives 24 hours from being informed of the right to counsel to secure counsel's presence; only if you do not do so may the questioning take place without counsel, and never in cases of mandatory defense (Art. 85(4)).
- Bring your ID card or passport and the summons itself, and confirm the exact time and place of the questioning.
- After the questioning, ask to review the record before signing it, or request a copy, and check with defense counsel, if present, that everything has been accurately recorded.
What it costs
The fee for engaging defense counsel at this stage is calculated according to the prescribed penalty for the criminal offense to which the questioning relates. For simply attending the questioning as a suspect, lawyers often also offer a flat hourly arrangement; the exact amount is a matter of agreement with the lawyer within the limits set by the tariff.
Basis for the attorney fee: The first tariff item (defense of the accused in criminal proceedings, or representation of a suspect in preliminary proceedings) of the Tarifa o nagradama i naknadama troškova za rad advokata (the Tariff on Attorneys' Fees and Expense Reimbursement).
FAQ
Do I have to go to the questioning if the police call me?
A properly served summons should be complied with. A person who did not respond to a police summons may be brought in by force only if the summons warned of this (Art. 288(1) of the Criminal Procedure Code), information may not be collected from citizens by force, and collecting it may last at most four hours unless the person agrees otherwise (Art. 288(3) and (4)). Attending the questioning itself does not amount to an admission of guilt, nor does it obligate you to give a statement about the event.
What if I don't have a lawyer engaged at the time of the summons?
If it is the first questioning, the law gives you 24 hours from being informed of the right to counsel to secure counsel's presence. Only if counsel is not secured within that time may the questioning take place without counsel, and in cases of mandatory defense not even then (Art. 85(4) of the Criminal Procedure Code).
Can staying silent at the questioning harm me in the proceedings?
The Zakonik o krivičnom postupku (the Criminal Procedure Code) provides that a suspect need not say anything or answer particular questions (Art. 68(1)(2)). The decision not to make a statement does not by itself constitute evidence of guilt; the burden of proof in criminal proceedings lies with the public prosecutor's office.
What is the difference between being questioned as a witness and as a suspect?
A witness is legally required to tell the truth and not withhold anything, subject to certain exceptions: a witness need not answer a question if doing so would likely expose them or a close person to serious disgrace, considerable financial damage, or criminal prosecution (Art. 95 of the Criminal Procedure Code). A suspect, unlike a witness, has the right not to present a defense at all and not to answer any question, and is informed of this right before the questioning begins.