Criminal proceedings are often associated with considerable uncertainty for suspects. A summons as a suspect from the police or public prosecutor’s office is often perceived as particularly stressful. Knowledge reduces fear—those who know their rights and respond correctly can set the course early and avoid serious mistakes.
At our criminal law firm in Stuttgart and Konstanz, we regularly observe that, especially in connection with summonses, hasty statements can significantly worsen the further course of the proceedings. The following article explains in practical terms what a summons means for suspects, what obligations exist, and why the right to remain silent plays a central role.
Ongoing investigative proceedings require clear decisions and legal guidance. An early legal assessment can help to realistically evaluate risks and avoid unnecessary disadvantages.
In urgent cases such as arrests or searches, our 24/7 criminal law emergency hotline can be reached at +49 151 61429000. Alternatively, you can arrange a non-binding initial consultation to have your situation assessed from a legal perspective.
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Summons as a suspect: Key points at a glance
- In principle, you do not have to attend a police summons as a suspect.
- Suspects have the right to remain silent at any time (Section 136 of the German Code of Criminal Procedure (StPO)).
- The police and the public prosecutor’s office can issue summonses and conduct interrogations.
- You should always seek legal advice before making any statement.
What is a summons as a suspect?
A summons as a suspect means that the police or the public prosecutor’s office is conducting an investigation against the addressee. There is an initial suspicion (Anfangsverdacht) that justifies criminal prosecution (Section 152(2) StPO).
Important:
A summons is not an attribution of guilt. At this point, it is still open whether the suspicion will be confirmed or the proceedings will be discontinued.
In our experience, many suspects are unaware that being classified as a suspect already has significant legal consequences. From this moment on, special procedural rights apply—especially the right to remain silent.
Who may summon suspects: the police or the public prosecutor’s office?
- The public prosecutor’s office is in charge of the investigative proceedings (Section 160 StPO).
- The police act as investigators for the public prosecutor’s office (Section 163 StPO).
Does a suspect have to comply with a police summons?
No. As a rule, suspects are not obliged to comply with a police summons. In this case, there is no obligation to appear (Section 163a(4) StPO). This applies regardless of how urgent or binding the invitation is worded.
The situation may be different with a summons issued by the public prosecutor’s office. It may order personal appearance; failure to appear can be enforced by coercive measures (Section 161a(1) StPO).
However, it is important to note: Even with a summons from the public prosecutor’s office, there is no obligation to make a statement. The right to remain silent applies without restriction (Section 136 StPO).
Why should suspects remain silent when summoned?
- unintentional self-incrimination
- contradictions with later evidence
- misunderstandings in the record
- limiting later defence strategies
Does the right to remain silent apply to every summons?
- refuse to make any statement in full
- leave individual questions unanswered
- invoke their right to remain silent at any time
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How should I behave if I receive a summons as a suspect?
When summoned, suspects should respond calmly, prepared, and consistently with restraint. The correct approach begins even before the actual appointment. Our experience shows that ill-considered reactions can have a lasting negative impact on the further course of the criminal proceedings. The aim is to eliminate avoidable risks from the outset.
The following basic rules have proven effective:
- Do not make any statements on the matter—not even for supposed exoneration or “clarification.”
- Do not offer spontaneous justifications or speculation about the allegation.
- Do not engage in informal conversations or small talk with investigators, as these are also regularly recorded.
- Do not voluntarily hand over documents, data carriers, or passwords unless there is a legal obligation to do so.
- Contact a criminal defence lawyer early to coordinate the next steps and apply for access to the files.
At our firm in Stuttgart and Konstanz, we regularly observe that even seemingly casual remarks are later used as evidence. Those who are prepared and consistently exercise their right to remain silent avoid mistakes that can hardly be corrected later in the proceedings.
May I ignore a summons as a suspect?
- have the allegation assessed from a legal perspective
- apply for access to the files through defence counsel (Section 147 StPO)
- coordinate the further course of action
Summons as a suspect: Can a statement be made later or corrected?
In principle, suspects may make a statement at any time—even at a later point. The right to remain silent applies to the suspect at every stage of the criminal proceedings. In practice, however, a statement must be carefully weighed. The key issue is that a statement once made cannot be “deleted.”
An interrogation record
- remains a permanent part of the investigation file,
- may be used by the police and the public prosecutor’s office,
- often forms the starting point for further evaluation of the evidence.
At our firm in Stuttgart and Konstanz, we therefore regularly recommend remaining silent at first and deciding on a possible statement only after access to the files. Making a statement without knowing the evidentiary situation entails significant risks.
Can I later withdraw my statement to the police?
A “withdrawal” or later clarification does not legally undo an earlier statement. While suspects may later change or supplement their account, the original statement remains usable and is regularly measured against the new version.
Wrong decisions in connection with a summons can therefore have long-term negative effects. They can:
- strengthen the suspicion of an offence,
- significantly restrict later defence options,
- make it more difficult to have the proceedings discontinued,
- create the basis for a penal order or an indictment.
Our experience shows that many criminal cases do not fail because of an objectively weak evidentiary situation, but because of ill-considered early statements. Those who speak too quickly often deprive themselves of the most effective defence options.
When do I need a lawyer as a suspect?
A specialist lawyer for criminal law or a criminal defence lawyer should be involved as early as possible, ideally as soon as you become aware of an investigation. At the latest when you receive a summons as a suspect, a search is carried out, or a penal order is served, legal advice is strongly recommended. Key decisions are already made during the investigative stage that can influence the further course of the case.
Typical tasks of defence counsel include:
- applying for and reviewing access to the files
- assessing the evidentiary situation
- deciding whether to make a statement or remain silent
- communication with the police and the public prosecutor’s office
- developing an individual
defence strategy
Our experience shows that early legal advice can help avoid mistakes and make appropriate decisions on a sound basis.
Decisive mistakes can be avoided, especially at the early stage of criminal proceedings. Objective legal advice provides clarity and confidence to act.
In the event of acute measures by the police or the public prosecutor’s office, the 24/7 criminal law emergency hotline is available at +49 151 61429000. In addition, a non-binding initial consultation can help you plan how to deal with the proceedings in a well-founded manner.
Let's talk!
Call us anytime at:
Or leave us your name and phone number, and our experts will call you back.
FAQ on summonses as a suspect
Do I have to appear for a police summons?
No. Suspects are not obliged to comply with a police summons. The situation is different with a summons issued by the public prosecutor’s office.
May I remain silent when summoned?
Should I contact a lawyer before making a statement?
Yes. Legal advice before any statement is strongly recommended in order to avoid disadvantages.
