Skip to content
Criminal law — Luxembourg

Police custody and searches in Luxembourg: your rights

French-style garde à vue does not exist under that name in the Grand-Duchy: the police may hold you for a maximum of 24 hours, after which you may be brought before the investigating judge. House searches also follow their own rules, different from the French Code of Criminal Procedure. Here is what you need to know before answering the Grand-Ducal Police.

When to call without delay


A lawyer admitted to the Luxembourg Bar can step in as soon as your rights are notified. The Belair office is five minutes from the Cité judiciaire.

  • You are being held at a Grand-Ducal Police station and asked to sign a statement.
  • Police officers arrive at your home or business with a search warrant, or ask for your consent to enter.
  • Your phone, computer or business documents have been seized.
  • A relative has just been brought before the investigating judge and a detention order is being considered.
  • You are a cross-border worker held in Luxembourg for acts alleged in connection with your job.
  • A Luxembourg letter rogatory targets your home or company in France.

Custody: 24 hours, not a minute more

Unlike French garde à vue, which can be extended to 48 hours and beyond in organised-crime cases, Luxembourg police custody is limited to 24 hours with no extension. This brevity has a practical consequence: everything moves fast. Statements made during those hours are recorded and weigh on what follows, including the investigating judge's decision on pre-trial detention.

Since the Act of 8 March 2017, the person held receives a written letter of rights. The right to a lawyer applies before the first interview; if the chosen lawyer cannot be reached, a duty lawyer is appointed from the Bar's lists. The right reflex is the same as in France: ask for your lawyer, confer, then decide together whether to speak or stay silent.

Searches: consent, warrant, hours

During the preliminary investigation, the police may only search your home with your written consent, except in flagrante delicto. You may refuse; the prosecutor must then apply to the investigating judge. During a judicial investigation, the search is ordered by the investigating judge and may not, on pain of nullity, begin before 6:30 or after 20:00, except in flagrante delicto or in cases provided for by law.

Seized items and documents are inventoried and sealed; you may request copies and apply to the chambre du conseil for their return. The seizure of a phone or computer raises specific issues (access codes, professional data covered by privilege) that should be discussed with your lawyer before any voluntary handover.

After custody: investigating judge and chambre du conseil

At the end of the 24 hours the State Prosecutor decides: release, direct citation before the court, or referral to the investigating judge. The judge hears you in the presence of your lawyer, charges you where appropriate and may issue a detention order. Pre-trial detention is served at the Luxembourg Prison in Schrassig.

An application for provisional release may be filed at any time with the chambre du conseil of the district court, with an appeal to the chambre du conseil of the Court of Appeal. For a foreign resident, the key is to demonstrate sufficient guarantees of appearance (home, job, family ties) so that an address outside the Grand-Duchy is not read as a flight risk.

Cross-border workers and French companies: the cross-border dimension

Allegations against cross-border workers are often linked to their job in Luxembourg: breach of trust, forgery, serious traffic offences, drugs. The Luxembourg authorities may ask France, by letter rogatory or European Investigation Order, to search a home in Moselle or the seat of a French company. Conversely, a French judge may request measures in Luxembourg. Admitted to both Bars, I act on both sides and check the regularity of the measures transmitted from one country to the other. See the firm's cross-border practice and the guide to the European arrest warrant.

Frequently asked questions


Do I have to answer the Grand-Ducal Police's questions?

No. You have the right to remain silent and not to incriminate yourself, and that silence cannot be held against you. You must, however, give your identity. Whether to speak is decided with your lawyer after reviewing what the police have.

Can the police enter my home without my consent in Luxembourg?

Outside flagrante delicto, no: during the preliminary investigation a search requires your written consent. Without it, only an order from the investigating judge allows entry, and only between 6:30 and 20:00. Refusing is not an admission; it is the exercise of a right.

Can I be held for more than 24 hours?

Police custody cannot exceed 24 hours. Beyond that, only the investigating judge can deprive you of liberty, through a detention order that can be challenged before the chambre du conseil. If the 24 hours pass without an appearance before the judge, the measure is irregular.

My phone was seized: do they have to return it?

Seized items remain under seal until the end of the investigation. An application for return may be made to the chambre du conseil. You are not required to hand over your unlock codes; the question deserves discussion with your lawyer given the data involved.

I am British or American: can I have an English-speaking lawyer?

You may ask for the lawyer of your choice, but only a lawyer admitted to a Luxembourg Bar may assist you before the Grand-Duchy's authorities. Admitted in Luxembourg and Metz and working in English, I attend in Luxembourg City directly and handle any follow-up in France.

Custody or search under way in Luxembourg?

Call before signing anything. For other situations the first consultation is free, at the Belair office or in Metz.