Finding out that you are the target of an investigation — whether through a phone call from the police, a summons to testify, or news that your name appears in an inquiry — usually causes anxiety and many questions. This guide explains what a police inquiry is, what to expect at each stage, and what rights protect someone under investigation.
What is a police inquiry
A police inquiry (inquérito policial) is the administrative procedure conducted by the police to determine whether a crime occurred and gather evidence of authorship, before any eventual criminal action. It is a preparatory stage: not every investigation results in formal charges, and not every set of formal charges results in a conviction.
How an investigation usually begins
- A police report (boletim de ocorrência) or crime notification filed by someone;
- An in-flagrante arrest, which automatically triggers an investigative procedure;
- A request from the Public Prosecutor's Office or another authority;
- A report from oversight or regulatory bodies, in cases involving administrative or financial matters.
Rights of a person under investigation
Although the police inquiry is inquisitorial in nature — without the full adversarial process that exists in judicial proceedings —, the person under investigation retains important rights:
- The right to be assisted by a lawyer, including during their own testimony;
- The right to remain silent and not to produce evidence against themselves;
- The right to access the evidence already documented in the inquiry's case file, subject to ongoing investigative measures that still require confidentiality;
- The right to dignified treatment during any investigative measure, including any interview or search.
I was summoned to testify. What does that mean?
A summons to give testimony does not, by itself, mean you are considered guilty or even formally named as a suspect — it may be a summons as a witness, a victim, or a person under investigation, each with different implications. It's advisable to check, with a lawyer's help, in which of these capacities you are being summoned, and to prepare properly before the testimony.
Under investigation vs. formally named as a suspect: what's the difference
Being under investigation means your name is being examined within an inquiry. Being formally named as a suspect (indiciamento) is a formal act by the police authority, at the end of the investigation, identifying someone as the probable perpetrator of the crime, based on the evidence gathered. Not every investigation reaches this point, and being named as a suspect is also not a conviction — it is just one stage of the investigative procedure.
Possible outcomes of an inquiry
- Closure, when there isn't sufficient evidence for formal charges;
- Formally naming a suspect and referral to the Public Prosecutor's Office, which may file formal charges, request further investigative measures, or also close the case;
- The start of a criminal case, if the formal charges are accepted by the judge.
How a lawyer can help at this stage
Acting from the investigation stage onward allows for monitoring investigative measures, requesting the production of evidence favorable to the defense, challenging any illegalities in the procedure, and advising on how to conduct oneself during testimony — often avoiding complications that could arise from acting without technical guidance.