In general, interviews are transcribed, but can also be recorded.
Accused individuals (and corporations’ representatives) have a right to remain silent and avoid self-incrimination.
Before an interview, the accused has the right to access the files of the investigation and proceedings.
The accused also has a number of information rights. The prosecuting authorities must inform the accused of i) the offence of which he or she is suspected, ii) his or her right to seek legal advice prior to the interview and iii) the right to have a lawyer present during the interview. They also must inform the accused of the right to refuse to testify. If these information obligations are breached, the accused’s statement is null and void, and therefore may not be used.
The accused has the right to have a lawyer present during questioning, but the lawyer cannot participate in the interview itself in any way. However, the lawyer has the right to address questions to the accused and to make statements. The accused may refuse to make an oral statement and instead submit a written statement.
Promises (e.g. with regard to a certain outcome of the proceedings), pretences (e.g. suggesting evidence that does not actually exist) and coercion (particularly, torture) are prohibited, and statements elicited in one of these ways cannot be used to the disadvantage of the accused. Trick questions are also prohibited.
Witnesses who are to testify in criminal proceedings against a relative, and particularly vulnerable victims have (under some conditions) the right to refuse to testify.
Witnesses also have the right not to answer certain questions if there is a risk of self-incrimination or the risk of incriminating a relative. Of particular importance in this context is the right of persons subject to professional secrecy (e.g. lawyers, psychologists, et al.) to refuse to testify about facts that have become known to them in their professional capacity.
In the case of a corporation, the directors (persons in charge) as well as the employees suspected of having committed an offence are to be interrogated in the same manner and extent as a person accused.