In brief

What matters is who is summoning you and in what role. As an accused you need not comply with a police summons. As a witness you may have to. As an accused you never have to make a statement.

An accused person has no duty to appear before the police, and the police have no power to compel it. A summons from the prosecutor is different: under Section 163a(3) StPO the accused must appear, and failing to do so without excuse can lead to being brought in. Even there they may remain silent. Court summonses to a hearing are binding in any event.

For witnesses something different has applied since 2017. Under Section 163(3) StPO they must also appear and testify before the police if the summons is based on an instruction from the prosecutor. The summons must say so. If it does not, attending as a witness is voluntary as well.

How to tell the role

Most summonses are forms. At the top it says “Police Summons”, below that a field showing whether you are summoned as an accused or as a witness, the file reference and usually a keyword for the allegation, such as fraud or bodily injury. Sometimes the role is unclear or changes during the case. A witness who might incriminate themselves has a right to refuse to answer under Section 55 StPO.

What we recommend

As an accused: neither attend nor simply ignore it, but have the appointment cancelled. We notify the police that we act for you, apply for access to the file and indicate that any statement will be made in writing. This is courteous, costs you nothing and prevents you from walking unprepared into a questioning. The police then pass the file to the prosecutor.

As a witness: check whether there is a duty to attend and whether a right to refuse testimony or answers applies. Witnesses may bring a lawyer (Section 68b StPO).

In detail: received a police summons.

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