Police Summons as a Suspect – What to Do

Receiving a police summons (Vorladung) as a suspect is an unsettling experience – especially if you are unfamiliar with the German legal system. The police want a statement, but what does that actually mean, and how should you respond? This article explains the legal framework, your options, and why seeking legal counsel early can make all the difference.

What a Police Summons as a Suspect Means

If you have received a police summons as a suspect (Beschuldigter), the authorities already have an initial suspicion against you within the meaning of § 152(2) of the German Code of Criminal Procedure (StPO). This means the investigators believe there are sufficient factual indications that a criminal offence has been committed. It does not mean that a conviction is likely – but it does mean that a formal criminal investigation has been opened against you.

The summons typically includes the alleged offence, a case reference number (Aktenzeichen), and an appointment for questioning. In many cases, a written questionnaire (Anhörungsbogen) is enclosed, asking you to provide a written statement. Both carry the same legal weight – and both require careful consideration before you respond.

Your Right to Remain Silent

Under German law, a suspect has an absolute right to remain silent regarding the allegations. This right is enshrined in § 136(1) sentence 2 StPO and applies at every stage of the proceedings – from the initial police interview to the courtroom. The right to silence is one of the most fundamental protections in German criminal law.

This means: you are under no obligation to appear at a police interview, nor to provide any statement – whether written or oral. You are not required to return the questionnaire (Anhörungsbogen). Only basic personal information (name, date of birth, address, occupation) must be provided – regarding the substance of the allegations, no statement whatsoever is required.

Why Premature Statements Can Be Dangerous

In practice, hasty statements made to the police cause significant damage time and again. There are several reasons for this:

First, at the time of the police summons, the suspect typically has no knowledge of the case file. You do not know what evidence exists, what witnesses have said, or how far the investigation has progressed. Without this knowledge, making an informed statement is virtually impossible.

Second, police interviews are recorded in writing and become part of the official case file. What has been said cannot be unsaid. Even seemingly harmless statements can appear incriminating in a different context or create contradictions with later submissions.

Third, police officers are trained to obtain statements. The conversational atmosphere during an interview is often designed to encourage openness – but the police are not a neutral party. Their task is to investigate, and in practice that often means gathering evidence to support the existing suspicion.

What a Defence Lawyer Can Do for You

A criminal defence attorney (Strafverteidiger) can provide immediate support in several important ways:

Access to the case file (Akteneinsicht) is one of the most critical first steps. Only with a defence lawyer can you obtain full access to the investigation file and understand exactly what the authorities have against you. This is an essential prerequisite for deciding whether – and if so, what – to say.

Strategic assessment means your lawyer will evaluate the evidence, identify weaknesses in the prosecution’s case, and develop a defence strategy tailored to your situation. This may include complete silence, a targeted partial statement, or full cooperation – depending on what best serves your interests.

Protection during proceedings ensures that your rights are respected throughout. From dealing with the police to negotiations with the prosecutor’s office, an experienced defence lawyer ensures that procedural errors do not go unchallenged and that no unnecessary risks are taken.

Practical Steps When You Receive a Summons

If you receive a police summons as a suspect in Germany, we recommend the following immediate steps:

Do not make any statement to the police. Exercise your right to silence. Do not return the questionnaire (Anhörungsbogen) without legal advice. Contact a criminal defence lawyer as soon as possible – ideally before the scheduled interview date. Your lawyer will request access to the case file and advise you on the best course of action based on the actual evidence.

Time is important: the earlier a defence lawyer becomes involved, the greater the scope for effective defence work. In many cases, proceedings can be terminated (eingestellt) at an early stage when the defence intervenes promptly and strategically.

Conclusion

A police summons as a suspect is not a conviction – it is the beginning of a process in which you have rights. The most important of these is the right to remain silent and the right to legal representation. At BAFTEH Strafverteidigung, we advise English-speaking clients throughout the Bonn and Cologne region on criminal matters under German law. If you have received a summons, contact us immediately for a confidential initial consultation.

Verfasst von Rechtsanwalt Philip Bafteh, Strafverteidiger in Bonn. Philip Bafteh veröffentlicht regelmäßig zu strafrechtlichen und wirtschaftsrechtlichen Themen und verteidigt Beschuldigte in Ermittlungs- und Hauptverfahren.

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Zuletzt aktualisiert: Mai 2026