Arrested in Luxembourg: 24 hours, and the investigating judge
Luxembourg gives the police 24 hours and no more. A preliminary investigation is ordered by the State Prosecutor; the police may question and hold a suspect for a maximum of 24 hours; and if an investigating judge is appointed, it is that judge who decides whether to charge and what measures apply.
The Luxembourg clock
| Step | Rule | Note |
|---|---|---|
| Police custody | A maximum of 24 hours | Questioning takes place in that window |
| Preliminary investigation | Ordered by the State Prosecutor | Police act under that direction |
| Investigating judge | Appointed where the case requires it | Decides on charge and on measures |
| Pre-trial detention | Ordered by the judge | Reviewable |
| Lawyer and interpreter | Rights implemented under EU directives | Ask expressly |
| Languages | Proceedings in French, German or Luxembourgish | Affects who can act |
A financial centre, and what follows from it
Luxembourg concentrates funds, holding structures and private banking in a very small country, and its serious criminal caseload follows: money laundering, unauthorised financial activity, tax matters and asset seizures, frequently arising from a request originating elsewhere.
For a foreign client the practical question is usually not a Luxembourg prosecution but a Luxembourg dimension of a case running in another country — accounts frozen here, records requested here, a company incorporated here. The framework is in the guide on cross-border investigations.
The rest of the caseload
- Cross-border workers, tens of thousands of whom live in France, Belgium or Germany and work here, with facts that straddle a border.
- Road traffic on the corridors through the country, including customs and cash movements.
- The airport and the freight hub: customs, consignments and alert-based arrests.
- Corporate proceedings, with the entity exposed alongside individuals.
- Ordinary city cases: nightlife, theft accusations, driving.
The multilingual point is practical rather than cultural: proceedings run in French, German or Luxembourgish, and which one applies determines who can act and what has to be translated.
Where an Italian lawyer comes in
Only a lawyer admitted in Luxembourg can appear before its courts. The Italian side covers the rest: selecting and briefing that lawyer, explaining the position to the family in their own language, and handling anything with an Italian end — a parallel proceeding, a warrant issued by Italy, an alert in circulation. The model is in how a correspondent case is run.
Frequently asked questions
How long can Luxembourg police hold me?
A maximum of twenty-four hours. After that an investigating judge, where one has been appointed, decides on charge and on measures.
My accounts here have been frozen.
That usually arises from a request originating in another country. The challenge belongs partly here and partly in the state that issued it.
I live in France and work in Luxembourg.
That is the ordinary situation here, and it means facts can straddle a border. Which authority is proceeding, and on what, is the first thing to establish.
Which language will the case be in?
French, German or Luxembourgish depending on the case. It determines who can act and what must be translated.
If this is happening now
First contact is free and covered by professional privilege, at any hour including nights and holidays.