This guide is informational. Always verify how the rules apply to your specific case.
Brief Answer: Being a suspect is not the same as being guilty. During a preliminary investigation, both the classification of the crime and the degree of suspicion can change. When you are informed that you are reasonably suspected, you should also receive information about key rights: including the right to a defense attorney, the right not to comment on the suspicion, the right not to contribute to the investigation of your own guilt, and the right to receive information in a language you understand.
This hub helps you navigate the process—from the first contact with the police to the preliminary investigation, any potential detention, decision to prosecute, and trial. The information is general. What is wise to do in an individual interrogation depends on what the suspicion concerns and what material is available.
The guide is part of Legal Process and is also relevant when contacting the Police.
Choose the Situation You Are In
Start with what is happening right now. Each in-depth section leads back here and onward to the next step.
Classification and Degree of Suspicion Are Two Different Things
The terms are often confused, but they answer different questions:
- Crime Classification is the legal label for the act being investigated, such as theft, assault, or drug offense.
- Degree of Suspicion describes how strong the suspicion against a particular person is considered to be at that time.
An early classification is preliminary. Police or prosecutors can change it when new information emerges. The same event can also be investigated under several alternative classifications. This does not mean that the authority has already proven that the crime has been committed or that you have committed it.
When you are informed of the suspicion, you should receive a sufficiently concrete description to understand what you need to defend yourself against. Request clarification on:
- which act is referred to,
- approximate time and place,
- which crime classification is used,
- which degree of suspicion applies, and
- whether the suspicion has changed since a previous interrogation.
Degrees of Suspicion – From Investigation to Prosecution
Degrees of suspicion are thresholds for different decisions during the criminal investigation. They are not percentages and should not be read as an indication of how a court will later rule.
| Level | General Meaning | Practical Significance |
|---|---|---|
| Can be suspected | The lowest level: there is reason to investigate whether the person may be connected to the crime. | The investigation can be directed towards the person, but the level does not reach reasonable suspicion. |
| Reasonably suspected | There are concrete circumstances that with some strength suggest that the person has committed the crime. | The person must be informed of the suspicion when questioned. Several procedural rights then become explicit. |
| Suspected on probable grounds | A higher degree of suspicion than reasonable suspicion. | It is normally the degree of suspicion required for detention, along with other legal requirements. |
| Sufficient grounds for prosecution | The prosecutor assesses that the evidence is sufficient to bring charges and is expected to lead to a conviction. | Charges can be brought in court. The court then conducts an independent review. |
After prosecution, a different standard of proof applies: for a conviction, the court must find that the charge is proven beyond reasonable doubt. This is a standard of proof, not a fifth degree of suspicion.
What does reasonably suspected mean?
Reasonable suspicion requires more than a vague possibility or general suspicion. There must be concrete circumstances pointing to the person. At the same time, the level is significantly lower than what is required for prosecution or conviction.
When the preliminary investigation has progressed to the point where someone is reasonably suspected, the person must be informed of the suspicion when questioned, according to Chapter 23, Section 18 of the Code of Judicial Procedure.
What does suspected on probable grounds mean?
This is the higher degree of suspicion that is generally required for detention. However, the degree of suspicion alone is not sufficient: the crime's penalty scale, a specific reason for detention, and proportionality must also be assessed. In exceptional cases, so-called investigative detention can occur already at reasonable suspicion for a shorter period.
Police Interrogation as a Suspect – Before, During, and After
A summons to a police interrogation does not automatically mean that you are arrested or that charges will be brought. However, do not ignore the summons. Check who is summoning you, the case number, your role in the interrogation, and whether the summons is associated with a penalty or other conditions.
Before the Interrogation
- Determine your role. Explicitly ask if you are to be questioned as a suspect.
- Request the suspicion of the crime. Ask which act, time, place, and classification the interrogation concerns.
- Inquire about a defense attorney. A public defender is appointed by the court when legal requirements are met. You can also hire a private defense attorney.
- Arrange for an interpreter if needed. You must be able to understand the information and communication.
- Do not compile a guessed story. Distinguish between what you certainly remember, approximate memories, and what you do not remember.
Rights You Should Be Informed About
In connection with being informed of reasonable suspicion, you must be informed according to Section 12 of the Preliminary Investigation Ordinance about the right to:
- engage a defense attorney and, under certain conditions, obtain a public defender,
- receive information about changes in the suspicion,
- access investigation material to the extent permitted by law,
- obtain an interpreter and translation of essential documents when needed,
- not comment on the suspicion, and
- not otherwise contribute to the investigation of your own guilt.
The right to remain silent does not mean that silence is always the best strategic choice, or that a response is always better. A response can explain a misunderstanding but can also lock in information early. The assessment should be made based on the specific case, preferably after consulting with a defense attorney.
During the Interrogation
- Request that unclear or leading questions be rephrased.
- Distinguish between what you have personally seen or heard and what someone else has told you.
- Clearly state if you do not remember, do not know, or do not understand.
- Correct errors immediately when you discover them.
- Request a break if you need to speak with your defense attorney.
After the Interrogation
Interrogations are documented in the preliminary investigation. As far as possible, ensure that the summary distinguishes between your own words, the interrogator's questions, and conclusions. If something significant is incorrect, report it promptly and specifically. Indicate what is wrong, what you actually said, and why the difference matters.
When Are You Entitled to a Public Defender?
Not all suspects automatically receive a public defender. According to Chapter 21, Section 3a of the Code of Judicial Procedure, a public defender shall be appointed upon request when the suspect is detained or arrested. The same applies upon request in cases of suspected crimes where the minimum penalty is six months' imprisonment.
A public defender shall also be appointed when there is a need considering:
- the investigation of the crime,
- uncertainty regarding the penalty and risk of a more severe penalty than fines or a conditional sentence, or
- special reasons related to personal circumstances or the nature of the case.
The court appoints the defender. During the preliminary investigation, the investigating officer or prosecutor refers the matter to the court. You may propose a specific qualified lawyer; that person should normally be appointed unless there are special reasons against it.
The state pays for the defender during the process. The convicted person may later be required to repay all or part of the cost depending on, among other things, financial circumstances.
Arrested, Detained, and Remanded – Who Decides?
| Step | Who Decides? | What Happens? |
|---|---|---|
| Arrested | Police in an urgent case | The person is deprived of liberty and questioned. The arrest is reported to the prosecutor. |
| Detained | Prosecutor | The deprivation of liberty continues pending the decision on remand or release. |
| Remanded | Court | The person is held in custody while the preliminary investigation and process continue. |
The Swedish Prosecution Authority summarizes the chain: the police arrest, the prosecutor detains, and the court remands. Each step requires its own decision and must cease if the legal conditions no longer exist.
How the Remand Process Works
- Arrest and questioning. The police arrest in an urgent case and report the decision to the prosecutor.
- Detention decision. After questioning, the prosecutor decides whether the person should be detained or released.
- Remand request. If the detention continues, the prosecutor must request remand without delay and no later than 12 noon on the third day after the detention decision.
- Remand hearing. The court must hold the hearing without delay and never later than four days after the arrest or execution of a detention decision in the person's absence.
- Immediate decision. After the hearing, the court decides whether the person should be remanded or if the detention should be lifted.
What are the Grounds for Remand?
Remand usually requires that the person is reasonably suspected of a crime that can result in at least one year's imprisonment and that at least one specific ground for remand exists:
- Risk of flight: risk that the person will abscond or evade prosecution or punishment.
- Risk of collusion: risk that the person will destroy evidence or otherwise obstruct the investigation, for example, by influencing others.
- Risk of recidivism: risk that the person will continue their criminal activity.
The court must also conduct a proportionality assessment. The reasons for deprivation of liberty must outweigh the intrusion or harm that the measure entails.
Restrictions in Custody
Restrictions are limitations on contact with the outside world, such as visits, phone calls, letters, or communal activities. The court decides whether the prosecutor should be granted permission to impose restrictions. Such permission may be granted when there is a risk of collusion and must be proportionate.
How Long Can One Be Remanded?
When the court remands someone before charges are filed, it sets a deadline for when charges must be brought. If the prosecutor needs more time, an extension must be requested before the deadline expires.
If charges are not brought within two weeks, the court should generally hold new remand hearings at intervals of no more than two weeks. The court may set longer intervals if it is evident that a hearing within two weeks would be meaningless.
For an adult, the general rule is a maximum of nine months of continuous remand in Sweden until charges are brought. This period may be exceeded if the court determines there are exceptional reasons. For persons under 18, stricter limitations and requirements for exceptional reasons apply.
Preliminary Investigation, Access, and Preliminary Investigation Protocol
The preliminary investigation aims to determine who can reasonably be suspected and whether there are sufficient grounds for prosecution. It must be conducted objectively: police and prosecutors must seek and consider both what speaks against the suspect and what speaks in the suspect's favor.
Access During the Investigation
After notification of reasonable suspicion, the suspect and the defender have a continuous right to access what has occurred, to the extent that it can be done without harm to the investigation. Access may therefore be limited initially.
Final Notification
When the investigating officer considers that the necessary investigation is complete, the suspect and the defense attorney should be given access to the material. They should be allowed reasonable time to request additions and provide comments. Charges cannot be decided before this step has been completed.
If a requested supplementary investigative measure is deemed to be of significance, it should be carried out. If the request is denied, the reasons must be stated. This could involve, for example, interviewing a person, verifying technical data, or obtaining documentation that may affect the assessment.
What is a preliminary investigation protocol?
The preliminary investigation protocol, often referred to as FUP, is the documented investigation that forms the basis for the prosecutor's and later the court's work. It may contain interviews, photographs, technical investigations, seizures, analyses, and other documents. Not all working materials need to be included, and confidentiality may affect when and how material is disclosed.
Checklist: distinguish between decisions, information, and deadlines
- Are you a suspect—and if so, at what level of suspicion?
- What specific act and classification apply?
- Has the classification or suspicion changed?
- Have you requested a defense attorney, and who is handling the request?
- Are you detained, arrested, or remanded—and when was the decision made?
- What grounds for detention are cited: risk of flight, collusion, or recidivism?
- Are there restrictions and what do they encompass?
- On what day does the deadline for charges expire?
- Has the final notification occurred and when does the time for additions expire?
- What information in interviews or protocols needs to be corrected or explained?
Frequently Asked Questions
Am I obliged to answer police questions?
As reasonably suspected, you should be informed that you do not need to comment on the suspicion and do not otherwise need to contribute to the investigation of your own guilt. Whether you should answer in a particular case is a separate strategic question that should be assessed with a defense attorney.
Can I be a suspect without knowing it?
Yes. An investigation can proceed before the suspicion reaches a reasonable level or before an interview is conducted. When you are reasonably suspected, you should be informed of the suspicion when you are interviewed.
Does a serious classification mean the evidence is strong?
No. The classification describes the crime being investigated. The level of suspicion describes the strength of the suspicion against the person. Both can change.
Can I choose my own public defender?
You may propose a qualified lawyer. The court should normally appoint the proposed person unless there are specific reasons against it.
Is a detention hearing public?
The default is public court hearings, but detention hearings are often held entirely or partially behind closed doors because preliminary investigation confidentiality may apply.
Can a detention decision be changed?
Yes. The detention issue is reconsidered during the process. The decision should be revoked if deadlines are missed or the reasons for detention no longer exist. Decisions can also be appealed.
Sources and Further Reading
- Code of Judicial Procedure (1942:740), especially Chapters 21, 23, and 24
- Preliminary Investigation Ordinance (1947:948), especially Section 12
- Swedish Prosecution Authority: Suspected of Crime
- Swedish Prosecution Authority: Arrest and Detention
- Swedish Courts: Detention Hearing
- Swedish Police Authority: From Report to Judgment
Last fact-checked against public sources: July 29, 2026. This guide is general information and does not replace advice from a defense attorney in the individual case.
