In brief

The written questionnaire is the written hearing of an accused person. You must give your personal details. You do not have to write anything about the allegation itself, and at first you usually should not.

Under Section 163a(1) StPO the accused must be questioned before the investigation is concluded. In simple matters it is enough to give them the opportunity to comment in writing. That is what the questionnaire is for. It is sent in minor cases, traffic offences, shoplifting or insult; regulatory fine proceedings use a form of the same name under the Regulatory Offences Act.

The duty to give personal details follows from Section 111 OWiG: first name, surname and birth name, place and date of birth, marital status, occupation, place of residence and address, nationality. The provision does not cover income. Everything asked about the offence itself is voluntary.

Where the traps are

The form is designed to be filled in. There is a generous free text field, with a note saying you may comment on the matter here. Many people use it to explain themselves. The problem: a sentence such as “I was driving the car, but I did not endanger anyone” settles who the driver was, something the authority might never have been able to prove without it. In a shoplifting case, “I meant to pay but forgot” admits the objective elements of the offence.

The deadline on the form is not a statutory cut-off. Letting it pass costs you no rights. The police then send the file to the prosecutor, who decides without your side of the story. That is often not bad at all. What is bad is a penalty order applied for because nobody pointed out the weaknesses in the file.

What we recommend

Give your personal details and nothing else. Then appoint counsel and apply for access to the file. With the file in hand we decide whether a statement would help. In many smaller cases this leads to a dismissal or a dismissal subject to conditions without you ever having said anything about the allegation.

In detail: received a written questionnaire, what now?

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