Police Summons in Germany – What to do?

German criminal procedure is designed to allow the accused to comment on an accusation. This opportunity is initially provided in the context of a police interrogation. However, even if this may initially appear to be suitable to exonerate oneself, statements by the accused often lead to the accused incriminating themselves further. Therefore, you should not directly follow a summons by the police, but first, consult a lawyer before you comment on the matter. It is also important to examine if the summons is binding. In the case of a standard police summons you are not obliged to appear, a summons issued “on behalf of the public prosecutor’s office” (im Auftrag der Staatsanwaltschaft) or a direct summons from the prosecutor’s office or a court, however, are binding.

Without knowing the exact charges, you risk making statements that go beyond the original accusation and inadvertently incriminate yourself. Therefore, a lawyer should inspect the investigation file before you make any statement. It is, therefore, best to contact us as soon as you have received the summons. Our criminal defense attorneys are available to provide the best possible defense and protect you from rash statements.

Required Behaviour when Receiving a Police Summons

If you have received a summons as a police suspect, you should exercise caution first. Although it may seem helpful at first to disclose facts that allegedly refute the accusation, such statements can often be used against you later. Careless statements often aggravate your situation. Interrogations by trained police officers are usually very stressful for the accused psychologically, which often means that the accused is not aware of the consequences of his statements. This is especially true because the officers are familiar with various interrogation strategies that often have an intimidating effect on the accused.

It is therefore advisable not to comment on the accusation at first. A fundamental principle of criminal law is the accused’s right to silence. Before you have consulted a lawyer, you should also make use of this right. Otherwise you will limit yourself in your possibilities of defense. A successful defense is only possible on the basis of all information.

Our criminal defense lawyer will be happy to request your file and can develop the best possible strategy on this basis in order to invalidate any existing suspicion. Without knowing what exactly you are accused of, you can incriminate yourself even further by making far-reaching statements. In order to avoid this, we advise you not to follow a summons by the police directly. Therefore, please contact us as soon as you have received a summons in order to enable a successful defense.

Attendance Obligations: What you Need to Know

There is no obligation on the accused to follow up a standard police summons. You can simply cancel the non-binding summons. Even a possible addition in the summons, that in case of being prevented, the timely notification of the reason for prevention is requested, does not change anything about this. The accused is neither obliged to appear on the basis of the summons nor to excuse his absence.

However, it should be emphasized that this only applies to a summons from the police. If you have received a summons from the police “on behalf of the public prosecutor’s office” or from the public prosecutor’s office or the court directly, you are obliged to appear. Since the differentiation can be tricky, especially for non-German speakers, you should consult with our lawyer immediately. Lastly, it should be kept in mind that if you are required to attend, you always have the right to remain silent.

Why You Should Consult a Lawyer Before Responding

In order to avoid further incriminating yourself, we recommend that you contact our law firm immediately after receiving a summons. Our attorneys will gladly request your file and advise you on how to proceed. By doing so, your best possible defense is guaranteed.

At Schlun & Elseven we are a multidisciplinary full-service law firm. From our offices in Cologne, Düsseldorf and Aachen we work with clients from all over the world in their dealings with German law. Contact us today if you have queries concerning German law. Our legal team looks forward to working with you.