Hearing form in criminal proceedings: how to react correctly

A hearing form or a written hearing as a suspect gives you the opportunity to comment on the accusation, but does not oblige you to do so. The safest way is usually: only provide personal details, remain silent about the matter and have a lawyer obtain access to the file before you comment.

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In the hearing form you only have to provide personal details, not anything about the matter. Your silence may not be held against you (§ 136 StPO).

A written statement can make sense, but only after access to the file and best through a lawyer. Hasty statements in criminal proceedings often do more harm than good.

What you should do now

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1. Only fill in personal details
Enter the personal details, but do not comment on the accusation.
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2. Keep the deadline in view
A deadline stated in the form is usually an opportunity, not a duty to testify, if you miss it, you simply remain silent.
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3. Bring in a lawyer
Get a criminal defense lawyer and have them apply for access to the file to know the accusation.
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4. Only then comment
Whether a written statement makes sense, you decide after access to the file with your lawyer.

How to spot the scam

You fill in the form about the matter without knowing the file.
You feel pushed to testify by a deadline.
It is suggested that without a statement it will 'automatically get worse'.

Frequently asked questions

Do I have to fill in the hearing form?

Only the personal details you have to provide. About the matter you do not have to say anything, as a suspect you have a right to silence, and your silence may not be held against you (§ 136 StPO).

Should I comment in writing?

Not hastily. A statement can make sense, but only after access to the file and best through a lawyer. Without knowledge of the accusations and evidence, a statement often does more harm than good.

What if I miss the deadline?

The deadline stated in the hearing form is usually only an opportunity to comment, not a duty. If it passes, you simply make use of your right to silence. The proceedings then continue without any disadvantage arising for you from this.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.