Criminal defence lawyer in Luxembourg

The prosecution service (State Prosecutor of Luxembourg or Diekirch) receives complaints and directs the preliminary investigation carried out by the Grand-Ducal Police. It may close the case, propose an alternative, cite you directly before the court or request the opening of a judicial investigation. The investigating judge then has extensive powers: charging, searches, seizures, wiretaps, detention orders (mandat de dépôt). The chambre du conseil reviews pre-trial detention and, at the end of the investigation, decides whether to send the case to trial or dismiss it.

At trial, the correctional chamber hears misdemeanours and the criminal chamber hears serious crimes: unlike the French Cour d'assises, there is no jury. Decisions may be appealed to the Court of Appeal and then challenged before the Court of Cassation. All Luxembourg City courts sit at the Cité judiciaire on the Plateau du Saint-Esprit.

Since the Act of 8 March 2017 strengthening procedural safeguards, anyone questioned as a suspect is informed in writing of their rights: to be assisted by a lawyer of their choice before and during questioning, not to incriminate themselves and to remain silent, to be examined by a doctor, to notify a relative and to have a free interpreter. If your lawyer cannot be reached, a duty lawyer is appointed from the Bar's lists.

Police custody (rétention) cannot exceed 24 hours. At the end of it you are either released or brought before the investigating judge, who decides on possible pre-trial detention at the Luxembourg Prison in Schrassig. These rules are detailed in the guide to police searches and custody in Luxembourg.

More than 200,000 cross-border workers and almost half of the Grand-Duchy's residents are foreign nationals. For them, criminal proceedings raise specific questions: in which language will the police reports and the judgment be drafted? Does a foreign address increase the risk of pre-trial detention? Will a Luxembourg conviction appear on a French or other national criminal record? Can a European arrest warrant be issued against someone who has returned home?

Admitted to both Bars, I follow these cases on both sides of the border without a change of counsel: attendance at questioning in Luxembourg, coordination with the French authorities in mutual assistance cases, and anticipation of the consequences in France (driving licence, record, employment). See also the firm's cross-border practice.

The victim of an offence committed in Luxembourg may join the proceedings as a civil party (partie civile) before the investigating judge or at trial and obtain compensation. Where the offender is unknown or insolvent, the amended Act of 12 March 1984 allows victims of intentional offences causing bodily harm to claim compensation from the State through the Ministry of Justice, subject to residence or nationality conditions. The guide to personal injury in Luxembourg details these routes.