Arrested or searched in the Czech Republic
If the police have detained you or someone close to you, or are searching a home or office, these steps protect your position until a lawyer is with you.
What to do, in this order
- Get in touch with a lawyer. Tell us who was detained, at which police station or address, and what the police say the case is about. Phone, WhatsApp, Signal or e-mail all work.
- Ask for a lawyer and an interpreter. You have the right to a defence lawyer of your choice and to an interpreter in a language you understand.
- You do not have to make a statement. You may refuse to testify. Say that you will speak after consulting your lawyer.
- Ask the police to inform your embassy. As a foreign national you are entitled to consular contact.
- Do not sign what you do not understand. Ask for a translation of any record before signing it.
How long the police can hold you
Under the Czech Charter of Fundamental Rights, a detained person must be released or handed over to a court within 48 hours. The judge then has 24 hours to hear you and decide whether you will be held in custody or released.
If your home or office is being searched
A house search needs a court order. Ask to see it and keep your copy. An independent witness must be present during the search. Do not obstruct the officers, but note what they take.
If they seize phones or computers, tell them which devices hold communication with your lawyers. The Supreme Court has held that such communication must be separated from the file and destroyed.
We won this ruling at the Czech Constitutional Court in 2020. A house search ordered at the request of another EU state was unconstitutional because the court had not checked whether the act was punishable, and not time-barred, under Czech law. The police had to return the seized items and delete copied data.