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ARTICLE · 19 MAY 2014

Discussion Closed: No Lawyer Allowed During Police Interrogations, Unless…

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

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The Dutch Supreme Court ruled that it will not revise its current position on the right of a suspect to a lawyer during police questioning.

NetherlandsGovernment, Public Sector

In an important decision, the Dutch Supreme Court recently ruled that it does not follow the conclusion of Advocate General Spronken to revise its current position on the right of a suspect to a lawyer during police questioning. Spronken's position is based on a recent judgment of the European Court of Human Rights and the introduction of a European directive on the subject. The Supreme Court held that the directive needs to be implemented by member states before 27 November 2016. Until then, the Court will not grant this right to have a lawyer present during police interrogation based on case law. However, if the directive is not implemented on time, the Supreme Court does not exclude that it will decide differently in the future.

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