Summons (Vorladung) – Your Rights and Duties in German Criminal Law
A summons is an official request to appear in person before the police, a judge, or the public prosecutor for the purpose of giving testimony or being questioned.
1. Obligation to Appear
While a suspect is not obliged to attend a police interrogation, they are required under Sections 133 and 163a (3) of the German Code of Criminal Procedure (StPO) to appear before the investigating judge and the public prosecutor if summoned. This obligation applies even if the accused has already stated that they do not wish to make a statement about the case. Therefore, the accused is required to appear but is not obliged to give testimony.
The summons to an interrogation must be issued in writing. There is no mandatory notice period for such summons. If the accused fails to appear without valid excuse before the judge or the prosecutor, they may be brought in by force in accordance with Sections 133 (2) and 163a (3) of the StPO.
2. Witness Summons
A witness is also obliged, under Sections 48 and 51 StPO and Section 161a (1) StPO, to appear before the judge and the public prosecutor when officially summoned. Failure to appear may result in compulsory attendance. However, a witness is not required to comply with a police summons.
3. Presence of Legal Counsel
During judicial examinations of the accused and interrogations by the public prosecutor, the defence lawyer of the accused has the right to be present in accordance with Sections 168c (1) and (2) and 163a (3) StPO. This right does not extend to witness examinations by the prosecution or police interrogations.
Under Section 68b (1) StPO, a witness may also bring a lawyer to the hearing to ensure their rights are properly protected.
4. Special Case: Summons to Serve a Sentence
A special form of summons is the summons to serve a sentence. In this case, a person convicted to imprisonment is ordered by the public prosecutor’s office, acting as the enforcement authority, to report to the relevant correctional facility on a specified date.
5. Immediate Assistance
Our experienced tax crime defence lawyers and white-collar crime specialists in Frankfurt and throughout Germany provide immediate help in cases involving tax offences, voluntary self-disclosure, and criminal defence in fiscal matters.
- • Expert defence in tax evasion cases
- • Immediate legal advice for criminal investigations
- • Representation before German authorities and courts
- • Experienced criminal defence lawyers in Frankfurt
FAQ about Summons in German Criminal Law
Do I have to attend a police summons in Germany?
No. You are not legally required to attend a police questioning if you are summoned as a suspect. However, it may be advisable to consult a criminal defence lawyer before deciding whether to appear.
What happens if I ignore a summons by the prosecutor or judge?
If you do not attend an interrogation by the judge or public prosecutor without a valid reason, you may be compelled to attend by law enforcement officers.
Can a witness bring a lawyer to the interrogation?
Yes. A witness may bring their own lawyer to ensure that their rights are respected during questioning.
What should I do after receiving a summons?
Contact an English-speaking criminal lawyer in Frankfurt immediately to assess your legal situation and protect your rights.
Contact our Criminal Defence Lawyers in Frankfurt
Contact us – your experienced criminal defence lawyers in Frankfurt and throughout Germany:
- • Dr. Caroline Jacob, Lawyer, Specialist in Criminal Law
- • Frank M. Peter, Lawyer, Specialist in Criminal Law
- • Of Counsel: Prof. Dr. Frank Peter Schuster
- • Cooperation Partner: Tax Consultant and Former Tax Investigator Frank Wehrheim
Our law firm Buchert Jacob Peter has been based in Frankfurt am Main for over 25 years, representing clients nationwide with extensive experience in criminal defence and white-collar crime.
Phone: +49 69 710 33 330
Email: kanzlei@dr-buchert.de
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