Deutsche Fassung: Beschuldigtenvernehmung und Schweigerecht

Police Summons in Germany: Must You Attend? Your Right to Silence

A letter from the German police, an appointment you are asked to keep and the word Beschuldigter – suspect. A police summons in Germany unsettles anyone, and even more so if you live here as an expat or student and do not know the rules. Your first impulse may be to go there and explain everything. That is exactly what often causes the damage. It is not right that a well-meant conversation in a foreign language should decide your case. This article explains whether you have to attend, what your right to remain silent means and what you should do now.

Do you have to attend a police summons in Germany?

No – not as a suspect. There is no legal duty for a suspect to attend a police interview or to speak to the police. The situation is different if the prosecutor or a judge summons you: then you must appear, but you may still remain silent (§ 163a StPO). If the police arrest you instead of sending a letter, read our article on pre-trial detention in Germany.

Are you summoned as a suspect or as a witness?

Check the letter carefully. As a suspect (Beschuldigter), you may stay away and stay silent. As a witness (Zeuge), you generally must attend if the police summon you on behalf of the prosecutor (§ 163 StPO), and you must tell the truth. Even as a witness, however, you may refuse to answer questions that could incriminate you (§ 55 StPO).

A police summons in Germany says whether you are a suspect or a witness – this decides whether you have to attend.

What do you have to tell the German police?

Only your personal details: name, date and place of birth, address, nationality and occupation. Refusing these is an administrative offence (§ 111 OWiG). About the allegation itself, you do not have to say anything (§ 136 StPO). You are entitled to consult a lawyer beforehand and to a free interpreter.

Why should you stay silent even if you are innocent?

Because a statement given without knowledge of the file cannot be taken back. Innocent people in particular talk too much – and every detail can be used against them later. For foreign nationals, the risks are even higher:

• The police record is written in German – you often sign a text you cannot fully check.
• Nuances get lost in translation, even with an interpreter.
• You do not know what evidence already exists – witness statements, videos, phone data.
• Admitting harmless-seeming facts – being at the scene, knowing the other person – can complete the chain of evidence.

This applies in particular to drug cases, where a single sentence about „personal use“ can decide between possession and dealing – see our article on drug possession in Germany.

Can your silence be used against you in Germany?

No. If you remain completely silent on the allegation, this may not be held against you. Be careful with partial statements, however: if you answer some questions and refuse others, the court may draw conclusions from the gaps. That is why complete silence until your lawyer has seen the file is the safest approach.

What about a written questionnaire from the police?

Instead of a summons, the police often send a form asking for a written statement. The same applies here: fill in your personal details if requested, but do not comment on the allegation. A statement on the facts is best made – if at all – in writing through your lawyer, once the file has been reviewed.

What should you do after receiving a police summons?

Do not call the police to „clear things up“. Contact a criminal defence lawyer instead. I inform the police that you will not attend and request access to the file (§ 147 StPO). Only then do we decide together whether a statement makes sense. For minor offences, a penalty order often follows later – being prepared pays off.

As a suspect, you do not have to go to the police station – your lawyer can cancel the appointment for you.

How can I help you after a police summons in Germany?

As your defence lawyer, I take over all communication with the police and the prosecutor – in English. After reviewing the file, I assess whether the allegation holds up and which strategy makes sense. Often, a written statement from me or simply your silence is enough to have the case dropped. The goal, at best, is that the letter remains an episode – not the start of a criminal record.

What are the defence lawyer’s final tips?

Defence lawyer’s tip 1: The earlier you involve a lawyer and the earlier they can steer the case, the better the results that can usually be achieved in your investigation or criminal proceedings.
Defence lawyer’s tip 2: Always make use of your right to remain silent! It is one of your most important rights as a suspect. You do not have to incriminate yourself. Do not make any statement about the allegations. Do not attend a police summons for questioning either – contact a lawyer specialising in criminal law first.

Please do not talk to the police – talk to me!

Next steps:

• Contact me at +49 89 228433-55.
• You receive an appointment within 48 hours.
• We discuss your case, including an assessment of your prospects.
• Once instructed, I request access to the case file.
• As soon as the file is available, we plan our strategy together.