Summoned as a witness: do you have to testify and appear?

As a witness you have different duties than a suspect. For a summons by the public prosecutor or court you must appear and generally testify truthfully. But there are important exceptions: relatives of the suspect may refuse to testify, and no one has to incriminate themselves.

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For a summons by the public prosecutor or court you must appear as a witness and generally testify truthfully. For a purely police summons there is usually no duty to appear.

Relatives of the suspect (e.g. spouse, close relatives) have a right to refuse testimony (§ 52 StPO). In addition, you do not have to answer questions with which you would incriminate yourself (§ 55 StPO).

What you should do now

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1. Classify the summons
Clarify who the summons comes from (police, public prosecutor, court), this determines the duty to appear.
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2. Check rights to refuse
Are you a relative of the suspect? Then you can refuse testimony entirely. Individual self-incriminating questions you may always leave unanswered.
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3. Note the duty of truth
If you testify as a witness, you must tell the truth. A false statement is punishable.
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4. Get advice when in doubt
In delicate constellations (closeness to the accusation), get legal advice in advance.

How to spot the scam

As a relative you are pushed to testify, although you would be allowed to refuse.
You could incriminate yourself with an answer.
You confuse the witness role with that of a suspect.

Frequently asked questions

Do I have to appear as a witness?

For a summons by the public prosecutor or court, yes, otherwise a fine or a forced appearance may follow. For a purely police summons as a witness, however, there is usually no duty to appear.

May I refuse to testify?

As a relative of the suspect (e.g. spouse/civil partner, close relatives) you have a comprehensive right to refuse testimony (§ 52 StPO). Regardless of this, you do not have to answer individual questions with which you would incriminate yourself (§ 55 StPO).

What if I testify?

As a witness you must tell the truth; a false unsworn statement is punishable. If your situation is delicate, for example because you could be involved in the accusation yourself, you should get legal advice beforehand.

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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.