Police Summons

You Have Received a Police Summons (Police Summons) – What to Do

Receiving a summons (Police Summons) from the police is often the first indication that a criminal investigation is being conducted against you. The summons typically invites you to appear at the police station for questioning as a suspect (Beschuldigter). Many people feel obliged to attend and cooperate – but understanding your rights at this stage can make a significant difference to the outcome of your case.

Your Rights When Summoned

The most important thing to know is that you are not obliged to attend a police summons as a suspect. Unlike a summons from the public prosecutor or a court, a police summons carries no legal obligation to appear. Even if you do attend, you have the absolute right to remain silent – you do not have to answer any questions. You also have the right to consult a defence lawyer before deciding whether to make any statement. Making a statement to the police without prior legal advice is one of the most common and consequential mistakes in criminal proceedings.

How BAFTEH Strafverteidigung Can Help

If you have received a police summons, contact BAFTEH Strafverteidigung before responding. We will first request access to the prosecution file to understand the nature and scope of the allegations. Based on our review of the file, we will advise you on whether to attend the questioning, whether to make a statement, and what strategy to pursue. In many cases, a well-prepared written statement submitted through the defence lawyer achieves a better outcome than an unprepared oral interview at the police station.

Summons: legal classification and the right approach

Legal basis and the duty to appear

A police summons as a suspect is based on § 163a StPO. Important: as a rule you do not have to attend an interview by the police and need not make any statement. It is different for a summons by the public prosecutor or the court (§§ 133, 163a(3) StPO) – here there is a duty to appear, but the right to remain silent always remains.

Your rights as a suspect

You have the right to remain silent (§ 136 StPO) and need not incriminate yourself. You may consult a defence lawyer before any statement, and through them file access (§ 147 StPO) can be requested. Only once the content of the file is known can a meaningful decision on a statement be taken.

Suspect or witness?

Your role determines your obligations. Different rules may apply to witnesses than to suspects. If in doubt, have it clarified in which capacity you have been summoned.

What to do – and avoid

Do not make any statement on the matter without legal advice. You may decline a police appointment; a prosecutor’s or court appointment is better coordinated through counsel. Do not sign pre-formulated declarations.

Note: This information is general and does not replace advice in an individual case.

This information does not replace a review of the individual case. In criminal proceedings, the defence strategy depends substantially on the case file, the specific allegation and the evidence.