What are my rights when I receive a police summons?

1What is it about?

A summons is a request to appear at the police, the public prosecutor’s office or the court at a specified time. First of all, you should clarify in what capacity you have been summoned: as an accused person or as a witness. The differences are significant.

Where the summons comes from the police, an accused person is as a rule under no obligation to appear. Where the summons is issued by the public prosecutor’s office, accused persons must appear (§ 163a (3) StPO). In every case, you may remain silent on the matter and may avail yourself of a defence lawyer at any time (§ 136 (1), § 137 StPO).

2Typical case scenarios

• You receive a letter from the police headed “Summons as an accused person”.
• A “hearing form” (Anhörungsbogen) asks for a statement on an allegation.
• Police officers call at your front door or your workplace.
• The public prosecutor’s office summons you for questioning.
• You are not sure whether you have been summoned as a witness or as an accused person.

3Frequently asked questions

4How the proceedings unfold

1. SummonsA letter stating the appointment and the alleged offence, often with only a brief description.
2. Clarifying your roleAccused or witness, investigating authority, file reference.
3. Access to the case fileThrough the defence lawyer, followed by a decision on remaining silent or making a statement.
4. Further proceedingsDiscontinuance, penal order or indictment, depending on the state of the investigation.

5What requires particular attention

• Do not react rashly, but check deadlines and appointments.
• Do not make any statements “to clarify matters” without knowing the case file.
• Do not contact anyone involved in the incident.
• Keep the letter and the envelope; the date may be important.

6How we defend you

We clarify in what capacity you have been summoned and notify the investigating authority that we act as your defence lawyer. We then obtain access to the case file and discuss with you whether making a statement is advisable.

If a statement is expedient, we prepare it in writing or orally so that nothing unintended is recorded. In many cases the proceedings can thus be ended at an early stage and without an indictment.