A summons or a written statement from the police or public prosecutor's office unsettles many of those affected immediately. The first questions are almost always the same: Do I have to? react? Do I have to appear? Do I have to write something? The first thing that matters is in which role you are addressed be - i.e. as a witness or as a accused - and which authority sent the letter. Depend on it Your rights and obligations depend significantly.

What is a subpoena?

One Summons is an official request to come to a specific date to appear at the police, public prosecutor's office or court. In which The letter usually states whether you are acting as a witness or as a Accused should be heard. Exactly this one Difference is legally crucial: witnesses and accused have There are very different obligations and protective rights in criminal proceedings.

Subpoena as a witness: Do I have to go?

As As a witness, you must generally appear in court. Also There is an obligation to appear and upon summons from the public prosecutor's office Obligation to make statements. In the event of a police summons you must However, witnesses only appear and testify if they Police acting on behalf of the public prosecutor's office. Exactly this one This point is often overlooked in practice.

What happens if a witness doesn't show up?

Stays a properly summoned witness is absent without sufficient reason, costs may be imposed on him. In addition, there are fine charges, alternatively orderly detention and even compulsory detention Demonstrationconsidered. A witness should therefore never be called be ignored carelessly.

Must a witness always say everything?

No. Witnesses also have protective rights. Relatives of the accused can under the conditions of § 52 StPO the certificate refuse. In addition, according to § 55 StPO, a witness may Refuse to answer such questions through which he himself or herself close relatives at risk of prosecution or a would suspend the fine proceedings. In addition, a witness can legal assistance.

Subpoena as the accused: Do I have to go to the police?

If If you are charged as a accused, this means that the investigations are already directed against you or at least they are being initiated there is concrete suspicion of a crime. The important thing is: To one In principle, the accused do not have to be summoned by the police Appear. Accused persons are obliged to appear expressly only at summons of the public prosecutor's office.

Must Do I testify as the accused?

No. As the accused, you have the right to remain silent on the matter. According to § 136 StPO you must be informed that it is You are free to express yourself or not to testify on the matter, and that you can interview a defense attorney at any time. This silence should not be seen as an admission of guilt to your detriment be evaluated.

What is a written statement?

On Written statement sheet is usually the written one Counterpart to the interrogation of the accused. The Code of Criminal Procedure expressly provides that in simple matters it is sufficient to give the accused the opportunity to make a written statement express. This is exactly what is often used in practice Statement form sent. So it regularly means: against you will be investigated and the authority will give you the opportunity to appear to comment at the end of the investigation.

Do I have to fill out a statement form?

You As the accused, you are not obliged to take a stand to be submitted in writing. The right to remain silent from § 136 StPO applies not only to oral examination, but also when if you are given the opportunity to comment in writing. This is precisely why a statement is often the point at which Those affected make a crucial mistake: they write “zur “quick clarification” is a spontaneous explanation, without the file To know the evidence or the exact direction of suspicion.

Why a hasty written statement can be dangerous

One ill-considered written statements can jeopardize the later defence considerably more difficult. Because at this stage those affected usually know neither the complete witness statements nor other evidence. What is well-intentioned can later be seen as a contradiction, a partial confession or inaccurate statement can be used against you. This is true right now then if the matter is complex or if there are several people involved stand in the room. The right to have a defense attorney before making an appearance questioning is therefore not just a formality, but rather a central one Protection mechanism.

What is now the right first step?

The The most important first step is almost never the immediate statement or that filling out the form immediately, but rather early legal examination. Anyone who receives a summons or a If you receive a statement form, you should first have it clarified:

• Am I a witness or accused?

• Does the summons come from police, public prosecutor's office or Court?

• Is there an obligation to appear or respond?

• Does it make sense to remain silent and first inspect the files? to be taken?

Straight When it comes to the accused, the correct order is usually crucial: first lawyer, then file, then decision on an admission. This order is protected by the legally protected right to remain silent and the right to consultation with a defense attorney is secured.

Our legal advice on subpoenas or statements

Take you a summons or a written statement form always serious - but don't react unprepared. If you as Witness is called, it must be checked whether there is one at all There is an obligation to appear and whether there is a certificate or Right to refuse to provide information applies. If you are the accused have been invited or have received a statement form, As a rule, you shouldn't be too quick to comment on the matter takebut seek legal advice first. Exactly on this one The right path almost always leads to a criminal defense lawyer: Only after legal classification and, if possible, after inspection of files a decision should be made as to whether, when and in what form Admission makes sense.