In brief

An accused person does not have to go to the police, but must appear before the prosecutor. In neither case must they say anything. And there is no such thing as an informal chat: whatever is said ends up in a memo.

Section 136 StPO sets out what must happen at the start of every questioning of an accused: the allegation and the provisions in question must be disclosed, and there must be a caution about the right to remain silent and the right to consult a lawyer at any time, including before the questioning. Anyone wishing to speak to a lawyer must be told how to reach one, including emergency legal services. Section 163a(4) StPO applies this to the police.

Section 136a StPO prohibits certain methods without exception: ill-treatment, exhaustion, physical interference, deception, hypnosis, threats of impermissible measures, promises of advantages not provided for by law. Statements obtained this way may not be used, not even with the accused’s consent.

Who must attend

Nobody has to comply with a police summons as an accused. There is a duty to appear before the prosecutor (Section 163a(3) StPO) and before the court. Since 2017 witnesses must also appear and testify before the police when the summons is based on an instruction from the prosecutor (Section 163(3) StPO).

Defence counsel may be present during questioning by police and prosecutor (Sections 163a(4) and 168c(1) StPO). Nobody has to sign the record.

Typical traps

The “informational questioning” at the scene: officers ask what happened before they know whom they suspect. As soon as suspicion focuses on a person, a caution must be given. If it is not, exclusion of the statement may follow. The phone call “just to clarify”: that is questioning too, and it also produces a memo. The chat in the corridor after the official interview: not a protected space either.

Our advice remains simple: have the appointment cancelled, wait for access to the file, then decide. Since 2020 questioning may be recorded on video, and for homicide cases it must be (Section 136(4) StPO).

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