🤐 Right to remain silent and prohibited methods
In brief
You do not have to comment on the accusation. That is your right.
Information about yourself (for example your name) is generally required. About the offence, you may stay silent.
Those questioning you must not torment you, tire you out, deceive you or promise anything the law does not provide for. If that happens anyway, the statement may not be used.
You can say: "I would like to speak to a defence lawyer first."
Step by step
- Remind them of your rightFeel free to say that you are exercising your right to remain silent.
- Ask for a defence lawyerYou may consult a defence lawyer at any time.
- Sign nothing under pressureRead the record and have mistakes corrected.
Deadlines
- Information about yourself must be distinguished from information about the case.
- Even spontaneous remarks to police officers can become significant.
- Prohibited methods make the statement inadmissible as evidence, even if you consent (§ 136a Abs. 3 StPO).
In depth · legal basis, figures and practice – for advisers and professionals
Right to remain silent
§ 136 para. 1 StPO: The suspect must be informed that the law leaves them free to comment on the accusation or not to make any statement on the case. This caution applies to questioning by judges, the public prosecutor's office and (via § 163a para. 4 StPO) the police.
Prohibited questioning methods
§ 136a para. 1 StPO prohibits impairing the freedom of decision and of will through ill-treatment, fatigue, physical interference, administration of substances, torment, deception or hypnosis; likewise impermissible threats and the promise of benefits not provided for by law. Under § 136a para. 3 StPO, statements obtained in this way may not be used as evidence even if the suspect consents to their use.
Not examined
Case law on how the court treats silence, on information about the person and on statements made without a caution was not evaluated in this version. A defence lawyer can assess this in an individual case.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.