In brief

Nobody has to help convict themselves. An accused person may remain silent about the allegation before the police, the prosecutor and the court, without giving any reason.

The principle, known as nemo tenetur, is derived from the rule of law and the general right of personality, and at European level from Article 6 ECHR. The Code of Criminal Procedure states it in three places: Section 136(1) sentence 2 for judicial questioning, Section 163a(3) and (4) for the prosecutor and police, Section 243(5) for the main hearing. A caution must be given before every questioning. If it is not, the statement generally cannot be used.

Personal details are an exception. Section 111 OWiG requires name, date and place of birth, marital status, occupation, place of residence and nationality. Giving false details or refusing them is a regulatory offence.

Complete or partial silence

This is a distinction many people do not know. Complete silence is protected: the court may draw no conclusion from it, not even that someone “must have something to hide”. Someone who speaks but leaves out particular questions, however, must expect the court to weigh the gaps. The Federal Court of Justice expressly allows this. The practical rule is simple: either a considered statement, made after access to the file and agreed with counsel, or nothing at all.

Earlier silence does no harm either. Someone who said nothing during the investigation and speaks only at trial may not be treated as less credible for that reason.

Typical situations

At a traffic stop nobody has to answer whether they have been drinking. The roadside breath test is voluntary as well. A blood sample, on the other hand, can be ordered under Section 81a StPO, and since 2017 without a judge for traffic offences. During a search officers like to ask casually whose room this is or where the laptop is. Those are questions about the case too.

Witnesses have no general right to silence. They have the rights to refuse testimony or answers under Sections 52 et seq. StPO.

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