Summoned for questioning by the police or the public prosecutor: your rights
Being summoned for questioning as a suspect unsettles anyone. Most importantly, do not go unprepared: what you say at that moment can have a major impact on the entire proceedings.
Your basic rights
A suspect has the right to be informed of the offence they are suspected of, the right not to present a defence and not to answer questions, the right to a defence lawyer and to speak with them before questioning, and the right to be questioned in the presence of their lawyer.
The right to a defence lawyer
You may choose your own defence lawyer. Where defence is mandatory and you do not have a lawyer, one will be appointed for you. Your conversation with a lawyer before questioning is confidential and protected by attorney-client privilege.
Police custody
Under the conditions set by law, the police may hold a suspect for up to 48 hours. A written decision is issued on the custody, and it can be appealed. A person in custody has the right to inform their family and to ask for a defence lawyer immediately.
How to prepare
Bring the summons and an identity document, do not bring unnecessary papers, and do not discuss the case with others before you have spoken to a lawyer. If you are not sure what to say, use your right to speak with your defence lawyer first.
When to call a lawyer
Ideally, as soon as you receive the summons. This gives the lawyer time to understand the circumstances and prepare you, instead of everything being rushed on the day of questioning.
This guide provides general information on Serbian law and is not legal advice for a specific case.
Frequently asked questions
Do I have to answer the questions?
No. A suspect has the right not to present a defence and not to answer questions. The best course of action depends on the case.
What happens if I do not attend?
If you do not respond to the summons and do not justify your absence, you may be brought in by force. It is better to contact a lawyer and arrange your attendance.
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