In brief

The accused is the person under investigation. It is a status that carries rights, not a finding of guilt. Anyone treated as a suspect must also be cautioned as one.

When someone becomes an accused

There is no formal appointment. According to the Federal Court of Justice, a person becomes an accused as soon as the authorities make it apparent that they are pursuing the case against that individual. This may be a summons “as an accused”, a search, an arrest, or simply the way an interview is conducted. If an officer asks a supposed witness targeted questions that only matter for her own involvement, she is in truth an accused. If she is nevertheless questioned as a witness without being told she may remain silent, the statement will regularly be unusable.

Rights of the accused

The right to remain silent and to consult a lawyer at any time (Section 136(1) StPO). The right to request exonerating evidence (Section 163a(2) StPO). Access to the file through counsel. In cases of mandatory defence an appointed lawyer, on application even before the first questioning (Section 141 StPO). And where language is a problem, an interpreter free of charge, including for conversations with defence counsel (Section 187 GVG).

There are few duties. You must appear before the prosecutor and the court, not before the police. Personal details must be given. That is all.

How things continue

The term changes with the stage of proceedings, as Section 157 StPO provides: after the indictment the person is the Angeschuldigter, after the opening decision the Angeklagter. After a final conviction one speaks of the convicted person.

What worries many people first: who will find out? In principle nobody outside the authorities. Exceptions are governed by the Order on Notifications in Criminal Matters (MiStra). For civil servants, soldiers, doctors, lawyers and some other professions, the employer or professional chamber is informed under certain conditions, sometimes as early as the indictment. If you work in such a profession, this belongs in the first conversation with your lawyer.

General explanation, not advice on an individual case. As of November 2026.