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Questioned as a suspect: your right to remain silent and your rights

If you are questioned as a suspect, you have important rights: you do not have to say anything about the matter and may bring in a lawyer at any time. The most common mistake is to testify hastily out of nervousness. It is better to remain silent at first and have a lawyer obtain access to the file.

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As a suspect you must provide personal details, but do not have to say anything about the matter (right to silence). You always have the right to consult a defense lawyer, and the police must inform you of this before the questioning (§ 136 StPO).
You also do not have to appear for a police summons as a suspect; for a judicial or prosecutorial summons, however, you do. In any case: first remain silent, then decide on a statement together with a lawyer.

What you should do now

  1. 1

    1. Clarify your role

    Are you being treated as a suspect, witness or affected person? Your rights and duties depend on this.

  2. 2

    2. Remain silent

    At first make no statement about the matter. This may not be held against you.

  3. 3

    3. Bring in a lawyer

    Get a criminal defense lawyer and have them obtain access to the file before you speak.

  4. 4

    4. Only then decide

    Whether and what you testify, you decide after access to the file together with your lawyer.

How to spot the scam

  • You are pushed to 'quickly explain everything, then it is done'.
  • It is suggested that a lawyer 'only makes everything worse'.
  • You confuse a police summons with a judicial one.

Frequently asked questions

Do I have to testify at the police?

No. As a suspect you only have to provide personal details (name, address, date of birth), but nothing about the matter. Your silence may not be held against you. The police must inform you of this right (§ 136 StPO).

Do I have to appear for a police summons?

For a purely police summons as a suspect you usually do not have to appear. For a summons by the public prosecutor or court, however, you do. When in doubt, clarify this with a lawyer and cancel the appointment if necessary.

Should I get a lawyer?

With a criminal accusation, usually yes. A criminal defense lawyer obtains access to the file and advises you on whether and how you testify. This page is only general information and does not replace a defense in an individual case.

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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.