You have the right to information about the reasons for police custody and the charges against you.

Right to information

Human rights demand that when you are being taken into police custody, the police must inform you about the reasons for your arrest and any charges against you. It is a very important safeguard because if you know what you are accused of and why you are held, you have the opportunity to more effectively challenge the basis and need for your arrest. This information has to be given to you or to your lawyer.

What information must be given and when?

The arresting officer has to inform you about the reasons for your police custody and the charges at the very moment of arrest. However, it is sometimes impossible to give you more detailed information about your charges at the moment of arrest. Human rights state that you may be informed about the reasons for your arrest and given information about the charges within a few hours of being taken to police custody. Human rights do not require that you are provided with a complete and finalised description of all charges at this stage.

Police custody decision

In Slovenia, if the police custody lasts more than six hours the police must immediately inform you by a written decision of the grounds on which you have been deprived of freedom. The decision must explain why you are being taken into police custody and how to challenge your arrest. You have the right to read and sign the decision.. You should also verify whether the time of arrest indicated in the protocol corresponds with the actual time of your arrest as the permissible length of police custody will be counted from the time indicated in the decision.

If the police custody lasts less than six hours, the police must give you, at the latest upon termination of police custody, an official note about the reasons for police custody, time of the police custody and, if possible, the exact time of termination of police custody. You have the right to read and sign the official note.

If you do not understand the language in which the decision is written, the police have to explain to you the reasons for your arrest and the charges against you in a language that you do understand. Information on your rights must be provided to you in a language you understand in a written form.

What human rights violation may there be?

If you are not informed promptly and adequately of the reasons for the police custody and the charges against you, this may result in a violation of the right to liberty and security of a person.

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Last updated 08/09/2021