✉️ Summons and questioning
In brief
You receive a letter: "Summons as a suspect" (Vorladung als Beschuldigter). That means you are under investigation.
If the public prosecutor's office summons you, you are obliged to appear (§ 163a para. 3 StPO). The law does not state this obligation for the police. Appearing does not mean, however, that you have to make a statement.
At the start of questioning you must be told what you are accused of. You must be told your rights: to remain silent and to ask a defence lawyer.
You can also respond in writing, but you do not have to.
Step by step
- Check the letterWho is summoning you? Police or public prosecutor's office? Which offence? What date?
- Get advice before the appointmentYou may consult a defence lawyer first. The defence lawyer can apply for access to the case file.
- Arrange another dateIf you cannot attend, get in touch in writing in good time.
- During questioningListen to the caution. You do not have to say anything. Sign only what you have understood.
Deadlines
- A hearing form does not oblige you to comment on the case.
- False statements can create new problems; if in doubt, stay silent at first.
- Questioning involving threats, deception or promises is prohibited (§ 136a StPO).
In depth · legal basis, figures and practice – for advisers and professionals
Legal basis
Under § 163a para. 1 StPO, the suspect is to be questioned before the investigation is concluded, unless the proceedings are discontinued; in simple cases a written statement suffices. Under § 163a para. 2 StPO, evidence that the suspect requests in their defence must be taken if it is of significance. Under § 163a para. 3 StPO, the suspect is obliged to appear when summoned by the public prosecutor's office. For the police, § 136 para. 1 sentences 2 to 6, paras. 2 to 5 and § 136a StPO apply accordingly under § 163a para. 4 StPO.
Caution
§ 136 para. 1 StPO: At the start of questioning, the suspect must be told which offence is alleged and which criminal provisions may apply. The suspect must be informed that the law leaves them free to comment or not to make any statement on the case, and that they may consult a defence lawyer of their choice at any time, even before questioning. Under sentences 3 and 4, they must be informed of the possibility of contacting a lawyer and of emergency lawyer services, under sentence 5 of the cost consequences under § 465 StPO if a court-appointed defence lawyer is appointed, and under sentence 6 of the possibility of a written statement and of victim-offender mediation.
Limits
Whether and how police summonses can be enforced in an individual case was not examined in detail.
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