What are the requirements for a lawful arrest in case of criminal investigation?
To evaluate whether your arrest on ground of suspicion or accusation of having committed a criminal offence may violate your human rights, namely, your right to liberty and security, you should pay attention to the following requirements:
Legal grounds
The arrest must correspond to the grounds prescribed in the Code of Criminal Procedure including arrest of:
- the person suspected of having committed the offense if there are circumstances justifying the fear that the person will evade the prosecution, flee or influence the witnesses or continue the crime
- a suspect who has been caught committing a less serious offense
- an accused person in the case of a terrorist offense
- an accused person, if there are circumstances justifying the fear that the person will evade the prosecution, flee or influence the witnesses or continue the crime
Unless you are accused, the police should have a reasonable suspicion that you committed an offence. If not, you must be released within 48 hours (96 hours in case of terrorism). In case you are accused or reasonably suspected of having committed the offence, you must be brought before a judge who has other time limits to decide on your detention on remand.
Unless you have been caught committing a less serious offence or are accused of terrorism, the police must have justified fear of fleeing and obstructing the investigation, influencing witnesses or continuation of the crime. Only general suspicion or mere possibility of fleeing or obstructing the investigation is not enough.
The arrest must be carried out according to the procedure and time limits prescribed in the Code of Criminal Procedure.
Read more about time limits.
Prior consent
An arrest of a suspect requires the prior consent of the prosecutor. An arrest of a formally accused requires the prior consent of the judge (pre-trial judge or the president of court`s senate deciding your case) and the written confinement order. Without such order, person can be arrested only if the case cannot be postponed and prior order cannot be obtained.
The police or other appropriate authorities must have the intention to try you for the suspected offence. If they do not have such an intention, they must not arrest you unless it is a case of necessity. For example, if someone has been caught exactly at the moment of stealing in a shop and this person would run away if not arrested and would later be impossible to find.
The police must record a report of your arrest, that must include:
- the ground for arrest that is being applied in your case and why
- the substantial reasons for detention
- indicating the place, time of detention of such person and the details of the detention
- the personal data of the detained person
Place of arrest or the detention on remand
You must be held in a place that is meant for persons arrested on criminal suspicion. In Slovakia, you should be held in specially equipped police premises – in a temporary place of detention, so called a cell of police detention (in Slovak cela policajného zaistenia). Once a judge decide on your detention on remand, you will be transferred to a special detention facility – prison for detention on remand (in Slovak ústav na výkon väzby).