Bibliothèque juridique et analyse de dossiers · Autriche · Belgique · Union européenne
LAWxPERT Connexion Compte gratuit

S.L. 9.24 · Interview Of Suspects And Accused (S.L. 9.24)

S.L. 9.24 Art. 5Place and conduct of interview.

Title I of Part I of Book Second of the Criminal Code which

En vigueurTexte officiel

(1) Interviews shall take place in interview rooms which are adequately heated or cooled, as the case may be, and also adequately lit.

(2) The suspect or accused person, including his lawyer, shall not be required to stand during the interview but shall be asked to sit.

(3) The interview shall be conducted in the following manner:

(a) the interviewer shall first ask questions to the suspect or accused person;

(b) unless he decides to exercise his right to silence, the suspect or accused person shall reply to the questions made to him or to such questions which do not incriminate him;

(c) the lawyer shall, if he deems it proper so to do, ask questions to the suspect or accused person after the interviewer has concluded the interview or make any observations which the lawyer may want to place on record related to the questions made, the answers given, the conduct of the interview, the wellbeing of the suspect or the accused person and any other information which the lawyer considers necessary not to prejudice the right to a fair trial enjoyed by the suspect or the accused person in terms of law;

(d) the lawyer shall refrain from interrupting the interviewer from asking questions during the conduct of the interview unless the interviewer expressly permits the interruption;

(e) the purpose of the interview is to establish the truth with regard to the commission or otherwise of a criminal offence. It is therefore out of place and prohibited during the interview to enter into legal debates or legal pleadings as these are to be reserved during court proceedings.