Article 28d Code of Criminal Procedure (lawyer during police interview)

Article 28d of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) gives a suspect the right to have a lawyer attend and take part in the police interview (verhoorbijstand). The right applies both to arrested suspects and to suspects invited for questioning. The request goes to the interviewing officer or the assistant public prosecutor (hulpofficier van justitie).

Table of contents

What can the lawyer do during the interview?

attend the entire interview;
ask questions and make remarks;
ask for the interview to be paused for private consultation with the suspect;
watch for undue pressure and check that the caution was given.

The officer may refuse a request for a pause only if repeated requests disrupt the order or progress of the interview. More detailed rules are in the Decree on the organisation and conduct of police interviews (Besluit inrichting en orde politieverhoor).

What if no lawyer is present?

Under the second paragraph, the suspect may still ask for a pause to consult a lawyer. A refusal applies only to that interview, and the reasons must be recorded in the official report (proces-verbaal).

How does Article 28d differ from Article 28c?

Article 28c Sv covers the consultation with a lawyer before the first interview. Article 28d covers assistance during the interview itself. Together with the right to silence in Article 29 Sv, they form the core of a suspect’s protection at the police station.

Frequently asked questions

Does this also apply if I am invited by letter?

Yes. A suspect invited for an interview can also bring a lawyer, but must arrange one in time.

Can my lawyer stop the interview?

Not stop it, but your lawyer can ask for a pause, for example when an unexpected document is shown.

Related terms

For help with a police interview, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.