Suspects in Germany have the right to remain silent. If the police invite you to an interview, the single most important rule is: do not make a statement before your defense lawyer has reviewed the investigation file. Criminal defense attorney Philip Bafteh explains what this right means and how to use it correctly.
The right to remain silent in German criminal proceedings
Section 136 of the German Code of Criminal Procedure (StPO) guarantees every suspect the right to refuse to testify. You never have to incriminate yourself, and your silence must not be used as evidence against you. This applies from the very first contact with the police – at your door, on the phone, or in a formal interview.
Why you should not make a statement before file access
At the beginning of an investigation you do not know what the file contains: which witnesses have been heard, what they claim, which documents or data the police have secured. Making a statement without this knowledge means defending yourself blindfolded. A defense lawyer obtains access to the file (Akteneinsicht) and only then – together with you – decides whether and how to respond to the allegation.
Police summons: no duty to appear
A police summons is an invitation, not an order. As a suspect you are not required to appear before the police at all. The appointment can simply be cancelled through your lawyer. The situation is different for a summons issued by the public prosecutor’s office (Staatsanwaltschaft) or by a court: there you generally must appear – but your right to remain silent about the allegation remains fully intact.
What information you must provide
You are only obliged to provide basic personal details: name, address, date and place of birth, nationality, marital status and occupation. Everything beyond that – the allegation itself, your whereabouts, your relationships, your finances – is covered by your right to silence.
Why early legal advice matters
The course of a criminal case is often decided in its first days. Statements made early can rarely be undone; opportunities missed early can rarely be recovered. The sooner a defense lawyer is involved, the more options remain open: a discreet resolution, a dismissal of the case, or a well-prepared defense at trial.
Criminal defense in Bonn, Cologne and throughout Germany
We advise and represent clients in English before the Bonn Local Court (Amtsgericht Bonn), the Bonn Regional Court (Landgericht Bonn), the courts of the Rhein-Sieg district, in Cologne and nationwide. Our office is located at Prinz-Albert-Straße 63, 53113 Bonn.
Frequently Asked Questions
Can my silence be used against me? No. Under German law, the complete silence of a suspect must not be treated as evidence of guilt.
Does refusing a statement look suspicious? The authorities are used to suspects exercising their rights. What actually harms cases are unprepared statements – not silence.
What if I already said something to the police? Tell your lawyer exactly what was said. Earlier statements can often be put into context once the file is known – but no further statements should be made until then.
Does the right to silence also apply to foreign nationals? Yes. It applies to everyone facing a criminal investigation in Germany, regardless of nationality or residence status.
Each case depends on its individual circumstances. This page provides general information and does not replace legal advice in your specific matter.
Do not make a statement before file access. Contact a criminal defense attorney first: 0228 504 463 36 (24/7).