How long can the police hold me?
At most 48 hours — and you have rights from the first minute. The police may detain a person for a maximum of 48 hours (up to 96 hours in terrorism cases). You have the right to remain silent, and that silence may not be interpreted against you — the right not to incriminate yourself lies at the core of a fair trial under Article 6 of the Convention. A lawyer is entitled to be present at all questioning of an accused, a detainee or a witness, where this does not jeopardise the purpose of the proceedings. Crucially: while detained you may meet your lawyer in principle without special permission and without any time limit; the police must ensure the meeting is confidential and may not eavesdrop on your conversation.
📋 The rules
- Detention: at most 48 hours (96 for terrorism)
- You have the right to silence — it cannot be held against you
- A lawyer may attend all questioning
- Meetings with a lawyer: no time limit
- The conversation may not be eavesdropped on
🔓 Exceptions
- The lawyer watches the 48-hour limit and the deadline for deciding on remand
- A lawyer's presence at questioning can be limited only if it would jeopardise the proceedings
- The right not to incriminate oneself flows from Article 6 of the Convention
⚠️ Penalties & fines
Detention beyond 48 hours is unlawful — which is precisely why it matters that a lawyer watches the clock: not only the 48-hour limit but also the deadline for deciding on remand. Practical rules: exercise your right to silence and say nothing without a lawyer; do not sign records you have not read; note the exact time of detention, because the clock runs from it. Statements given without a lawyer are often the strongest evidence against the detainee themselves — and silence may not be held against you. If you cannot afford a lawyer, ask for a defence counsel.
📎 Official sources
- Slov-Lex · Criminal Procedure Code (301/2005) →
- Human Rights Guide SK · Arrest and detention →
- Slovak Bar Association →
❓ Frequently asked
How long can they hold me?
At most 48 hours. For terrorism offences the detention can run to 96 hours. Holding you beyond that limit is unlawful.
Do I have to answer questions?
No. You have the right to remain silent and that silence may not be interpreted against you. The right not to incriminate yourself is at the core of a fair trial under Article 6 of the Convention.
Can my lawyer attend the questioning?
Yes. A lawyer is entitled to be present at all questioning of an accused, a detainee or a witness, provided that would not jeopardise the purpose of the proceedings.
Can I speak to my lawyer privately?
Yes. While detained you may meet them in principle without special permission and without a time limit. The police must ensure confidentiality and may not eavesdrop on the conversation.
What should I do straight after being detained?
Exercise your right to silence, say nothing without a lawyer, and do not sign records you have not read. Note the exact time of detention — the 48-hour clock runs from it.
🔎 Common searches
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