Summoned by the police: do you have to go?

A letter from the police with a summons to an interview, including a date and time. Many recipients assume they have to go and “clear things up”. In most cases neither is true.

First check: suspect or witness?

The letter states in which capacity you are to be interviewed. Your obligations depend on it. If it says “Beschuldigter” (suspect) or “Beschuldigtenvernehmung”, the proceedings are directed against you. If it says “Zeuge” (witness), you are to give evidence about the conduct of others.

As a suspect: no obligation towards the police

As a suspect you do not have to comply with a summons from the police. There is no obligation to appear, and certainly no obligation to say anything about the matter (Section 136 of the German Code of Criminal Procedure, StPO). You do not even have to cancel the appointment. It is still better to let your defence lawyer cancel it and request access to the file at the same time.

A summons from the public prosecutor or the court is different: you do have to appear there (Sections 163a(3), 133 StPO). But even then you may remain silent.

Why silence is almost always rightAt the first interview the police know the file, but you do not. Every statement, even a well-meant one, commits you before you know exactly what you are accused of and what evidence exists. Your silence must not be held against you. You can always make a statement later. You cannot take one back.

As a witness: it depends

Witnesses must appear before the police and testify if the summons is based on an instruction from the public prosecutor (Section 163(3) StPO). This is usually stated in the letter. Without such an instruction, appearing before the police is voluntary.

Even as a witness you do not have to say everything. Close relatives of the suspect may refuse to testify altogether (Section 52 StPO). And every witness may refuse to answer questions that would incriminate themselves (Section 55 StPO). This line is often hard to draw in individual cases. Anyone summoned as a witness who may be involved in the matter themselves should seek advice beforehand. Witnesses may bring a lawyer as counsel.

How to respond correctly

Check the deadline and your role. Who is summoning you: the police, the public prosecutor or a court? And in what capacity?
Do not call the police to “quickly explain something”. Phone calls are recorded, too.
Involve a defence lawyer. They cancel the appointment, apply for access to the file (Section 147 StPO) and then discuss with you whether and in what form a statement makes sense.

Once your lawyer has seen the file, a written statement through them is often better than an interview. Quite often the prosecutor then drops the case early.

This article gives a general overview of German law at the time of publication and does not replace advice in an individual case. The German version is authoritative.