Invited to a police interview in Belgium: your rights and how to prepare

An invitation to a police interview looks harmless: “just drop by to make a statement”. Yet whatever you say that day stays in your file until the end of the proceedings. The official record of your interview (procès-verbal) is evidence, and a clumsy sentence is hard to put right afterwards.

If you know your rights and have a lawyer at your side, you will attend calmer and in a stronger position. This article explains your rights during a police interview in Belgium, what the law (the so-called Salduz rules) actually provides and how to prepare.

Police interview in Belgium: in what capacity are you being heard?

That is the first question to ask. The law distinguishes between the interview of a witness or an injured party and the interview of a suspect: a person accused of an offence. The full Salduz rights apply to suspects (Article 47bis of the Belgian Code of Criminal Procedure, ‘CCP’).

So ask explicitly in what capacity you are being heard. If it becomes clear during the interview that you are regarded as a suspect, you must be informed of your rights from that moment on. Witnesses and injured parties are also told certain basic rights at the start of the interview, including that their statements may be used as evidence in court.

Your Salduz rights as a suspect who is not deprived of liberty

Before the interview, you must be told, among other things:

• briefly, which facts you are being questioned about;
• that, after giving your identity, you may choose to make a statement, to answer questions or to remain silent;
• that you are not obliged to incriminate yourself;
• that your statements may be used as evidence in court;
• that you may ask for the questions and your answers to be recorded in the exact words used;
• that you are free to come and go at any time;
• that you may ask for a specific investigative step to be taken or a specific person to be heard, and that you may use the documents in your possession;
• that you are entitled to an interpreter if you do not understand or speak the language of the proceedings.

If the offence is one for which a custodial sentence may be imposed, you are also entitled to a confidential consultation with a lawyer before the first interview and to their assistance during the interview. As you are not deprived of liberty, it is up to you to take the necessary steps to arrange that assistance.

Please note: under the new Criminal Code (offences committed on or after 1 September 2026), a number of less serious offences, including many traffic offences, no longer carry a prison sentence but a level 1 penalty (peine de niveau 1). Have a lawyer check whether the statutory right to assistance applies in your case. Regardless of that, you can always seek a lawyer’s advice beforehand. More on the new Criminal Code.

The written invitation to an interview: be careful

If you receive a written invitation briefly stating your rights and the facts, you are deemed to have consulted a lawyer before the interview (Article 47bis § 3 CCP). The interview can then start straight away, even if you arrive without a lawyer. So get in touch as soon as you receive the invitation, not on the morning itself.

If you were called in without a written invitation or approached on the spot, the interview may, at your request, be postponed once so that you can consult a lawyer.

An adult may waive the right to consultation and assistance, but only voluntarily and deliberately, in writing and after receiving the necessary information. That waiver can be withdrawn. A minor cannot waive it: a minor is always assisted.

Never waive these rights unprepared because you “have nothing to hide anyway”. The interview is not a conversation; it is evidence.

What does the lawyer do during the interview?

Your lawyer does not answer in your place. They ensure that your right to remain silent and your right not to incriminate yourself are respected, that no improper pressure is applied and that the interview is conducted lawfully. They can have observations recorded in the official record.

At the end of the interview, you are given the text to read, and you may have corrections or clarifications added. Only sign once the record is accurate. Also ask for a copy of your statement.

The law also contains an important safeguard: it restricts the use as evidence of statements made in breach of the right to consultation or assistance (Article 47bis § 6 CCP). Whether such a statement may still count in your case is something your lawyer assesses against the law and the case law on the right to a fair trial.

What if you are arrested?

A deprivation of liberty may not last longer than 48 hours, unless an arrest warrant (mandat d’arrêt) issued by the investigating judge (juge d’instruction) is served within that period (Articles 1, 2 and 18 of the Pre-Trial Detention Act of 20 July 1990). During that period, enhanced rights apply (Article 2bis of that Act):

• a confidential consultation with a lawyer before the first interview, within two hours of contact being made with the lawyer; the consultation may last thirty minutes, with a limited extension in exceptional cases, and may also take place by telephone at the request of the lawyer and with your agreement;
• the assistance of the lawyer during the interviews, with the option of interrupting the interview once for a further consultation of no more than fifteen minutes;
• the right to have a person of trust informed;
• the right to medical assistance.

If you do not have a lawyer of your own, one will be found for you through the bar associations’ duty lawyer service. You will also receive a written letter of rights.

Before the investigating judge issues an arrest warrant, the judge must in principle question you in person, and your lawyer may assist you at that hearing. If an arrest warrant is issued, you will appear within five days before the council chamber (chambre du conseil), which decides whether detention continues. More on pre-trial detention.

How to prepare for a police interview

1. Get in touch as soon as you receive the invitation. The confidential consultation exists precisely to decide what you will say, what you will not say, and why.
2. Gather the factual details: dates, places, invoices, messages. Anyone who answers questions about dates from memory gets tangled in contradictions that later work against them.
3. Answer factually. What you do not know, you do not know. Assumptions and interpretations have no place in a statement.
4. Read your statement back and ask for corrections. The way a question was put can also be recorded in the official record.
5. Ask for a copy of your statement and pass it on to your lawyer.

What happens next?

After the interview, the public prosecutor’s office decides what happens next: dismissal of the case, a criminal settlement (transaction pénale), criminal mediation, a summons to court or a judicial investigation by an investigating judge. During the investigation, you may ask for access to the file or for additional investigative steps. Those requests are subject to time limits and formal requirements.

See also our articles on criminal settlements, on a summons before the criminal court (tribunal correctionnel) and on a summons before the police court (tribunal de police).

In the event of a house search

If your home is searched at the same time, note who was present, what was searched and what was taken, and ask for a copy of the documents you are asked to sign. Strict formal requirements apply there too. More on house searches.

Frequently asked questions

Do I have to respond to the invitation?

An invitation is not an arrest, but staying away solves nothing. The file will then proceed without your version of the facts, and it may lead to more coercive action. Go, but prepared and with a lawyer.

May I remain silent during the interview?

As a suspect, once you have given your identity, you choose whether to make a statement, answer questions or remain silent. Silence is a right, but also a strategic choice. Discuss that choice with your lawyer beforehand, as it depends on what is already in the file.

I have already been interviewed without a lawyer. What now?

Have it checked whether your rights were properly communicated and whether you validly waived them. That finding determines how your statement may later be used and which strategy makes sense.

Does the right to silence also apply to witnesses?

Before the investigating judge and the court, a witness who has been duly called must in principle appear and testify, but no one is obliged to incriminate themselves. If the questions link you to an offence, you must be informed of your rights as a suspect. If you are unsure about your capacity, get advice before you say anything.

Can I add to my statement afterwards?

At the end of the interview, you can have corrections made. After that, you can ask through your lawyer for a further interview or send a written explanation to the magistrate. In practice, however, a later correction carries less weight than an accurate first statement.

Novex Advocaten is here to help

Have you received an invitation to a police interview, or has a family member been arrested? Call straight away: the confidential consultation before the interview is often the most important moment in the entire case. We assist you in Dutch, French, English and Arabic. See also our overview of your rights as a suspect in criminal proceedings.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.