A summons from a German public prosecutor’s office can be extremely unsettling for those affected. For international clients who may be coming into contact with German law enforcement authorities for the first time, the situation is even more complex.
First of all, it is important to remain calm and inform yourself about your rights. It is possible that you have been summoned either as a witness or as a suspect in a criminal offense. In any case, however, it is important to avoid making statements that could incriminate incriminate you. It is therefore strongly recommended that you speak to a lawyer as soon as possible after receiving a summons.
German criminal proceedings differ significantly in some respects from the legal systems of other countries. Particularly important: you have the right to remain silent, and you have the right to consult a defense attorney before any interrogation. You should exercise these rights. At Schlun & Elseven Rechtsanwälte, our criminal defense attorneys will advise you on your options in such a situation.
What is a Summons from the Public Prosecutor’s Office?
A summons is a formal request to appear at the public prosecutor’s office for questioning. The public prosecutor’s office is authorized to question witnesses or suspects independent of the police. However, in practice, this is rather rare; in most cases, the questioning is indeed carried out by the police. If you have received a summons from the public prosecutor’s office, you must first determine whether you are being summoned as a suspect or as a witness.
Both suspects and witnesses are legally required to appear when summoned by the public prosecutor’s office. If you fail to appear as a suspect, a warrant for your arrest may be issued, provided that this was announced in advance in the summons. It is therefore important to attend the appointment to avoid such a compulsory appearance. Many defendants fear that they could be arrested immediately upon appearing for questioning. In the vast majority of cases, however, this fear is unfounded. A summons as a suspect is not an arrest warrant; it is merely intended to give the suspect the opportunity to comment on an allegation. In rare cases, an arrest warrant may be issued if the statements of a suspect give rise to fears of grounds for detention, such as the risk of flight or reoffending.
If you have received a summons to appear as a witness, you are obliged to give truthful and complete testimony and thus assist in the investigation of a criminal offense. In the event of unexcused absence, an administrative fine may be imposed on the witness (Section 51 StPO). However, witness examinations are not entirely without risk. It is possible that you will initially be questioned as a witness, but if evidence emerges that you may have committed or participated in the crime, you may find yourself in the position of a defendant. In some cases, it is therefore advisable to consult a criminal defense attorney before making a statement as a witness.
Your Rights as a Defendant or Witness in a Summons
If you have been summoned by a German prosecutor, knowing your rights is essential – whether you are called as a defendant or a witness.
As a defendant, you have the right to consult a defense attorney before any interrogation takes place. Your attorney can request access to the case files, giving you a clearer picture of the investigation’s current status and scope. This information is invaluable when preparing your response to the allegations.
You also have the right to remain silent at any point during the interrogation (Section 136 StPO) – you are under no obligation to make any statement. Whether exercising this right works in your favor depends on the specifics of your case and should be part of a carefully developed defense strategy.
As a witness, you are generally required to testify, but you are never obliged to incriminate yourself. If answering a question could expose you to criminal prosecution, you have the right to refuse to answer that specific question.
Key Actions to Take After Receiving a German Prosecutor’s Summons
Receiving a summons from a German prosecutor requires prompt and carefully considered action. The steps you take in the first few days can have a significant impact on the outcome of your case. We strongly recommend the following:
- Contact an experienced criminal defense attorney as soon as possible.
- Have your attorney analyze the summons and request access to the case files.
- Do not make any spontaneous statements – written or verbal – before consulting your attorney.
- Attend the appointment and observe all deadlines – ignoring a summons can result in serious consequences.
- If you cannot attend, your attorney can request a postponement or prepare a written statement on your behalf.
- Work with your attorney to develop a tailored defense strategy before the hearing.
- Gather and secure any relevant documents or correspondence that may relate to the case.
Special Considerations for International Clients
Facing a summons from a German prosecutor can be particularly daunting if you are unfamiliar with the German legal system. Language barriers, unfamiliar procedures, and potential consequences for your residence status all add to the complexity of the situation.
At Schlun & Elseven Rechtsanwälte, we regularly represent clients from across the globe. We guide you through every step of the process: before the hearing, we explain exactly what to expect and how German criminal procedure may differ from the legal system in your home country. We also keep a close eye on any potential implications for your residence status in Germany, ensuring you receive comprehensive advice across all relevant areas of law.
Practice Group: Our German Criminal Defense Lawyers
Practice Group:
Our German Criminal Defense Lawyers
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