Summons for Interrogation of the Accused (Vorladung – Ladung)
Summons for Interrogation: Rights, Procedure, Common Mistakes
A summons for interrogation as a suspect is a formal step in the investigation proceedings and can significantly shape the further course of the case. Anyone receiving a letter from the police, customs, or public prosecutor’s office should be aware of their rights – and secure professional criminal defence at an early stage.
If you are facing criminal allegations in Germany – for example relating to the offence or procedural situation described on this page – you should seek early advice from our English-speaking criminal defence solicitors and specialist lawyers for criminal law in Frankfurt. We defend private individuals and companies nationwide and guide you safely through investigations, police questioning and court hearings.
For a confidential initial assessment of your situation and the development of a tailored defence strategy, you can reach us on +49 69 710 33 330 or by email at kanzlei@dr-buchert.de.
Legal Basis for the Summons
The legal provisions are found in §§ 133 et seq. of the Code of Criminal Procedure (StPO) (summons/interrogation), § 163a StPO (interrogation of the accused), and § 136 StPO (rights, right to remain silent). Also relevant in practice is the interruption of limitation periods under § 78c (1) no. 1 of the Criminal Code.
How Does a Summons Work?
- Issuance & Delivery
Usually, the public prosecutor instructs the police or customs authorities to summon the suspect. The summons is generally delivered by post. - Obligation to Appear?
There is no obligation to appear before the police. However, if summoned by the public prosecutor or a court, appearance is usually required (with some exceptions).
Tip: Always consult a lawyer before responding – statements without access to the case file are risky. - Interrogation & Information on Rights
Before the questioning begins, you must be informed of all rights (including the right to remain silent). Statements are recorded and later difficult to correct. If coercive measures such as arrest warrants or even extradition are possible, early defence is essential.
Your Rights as a Suspect
- Right to a Lawyer
You may call in a defence lawyer at any time – ideally before making any statement. Our specialist lawyers:
Dr. Caroline Jacob, Frank M. Peter, Dr. Sven Henseler. - Right to Access the File
Real defence is only possible with access to the case file. We request this immediately and initially cancel any police interview appointments. - Right to Silence
You are not obliged to incriminate yourself. Remaining silent is permitted and does not harm your position – in fact, it is often the best strategy until the file has been reviewed. Only in very few cases should this right be waived prematurely.
Practical Recommendation
Upon receiving a summons: do not provide details about the case and do not call “to clarify a misunderstanding.” Instead: instruct a defence lawyer, cancel the appointment in writing, apply for access to the file, and then decide strategically whether and what to say. This avoids misunderstandings, recording errors, and unintended self-incrimination.
Example of a Summons (Practice Case)
- Police Authority [City] – Ref.: [Case Number] – Date: [Date]
- Summons as Suspect in investigation regarding [alleged offence]
- Appointment: [Date], [Time], Room [No.], [Department]
- Note: Please bring ID documents. If you do not appear, it will be assumed that you do not wish to make a statement; the case will then be referred to the public prosecutor’s office.
(Important: This is just an example. Content and legal consequences vary. Always have your specific summons reviewed.)
FAQ: Summons as a Suspect
Do I have to go to the police?
No. There is no obligation to appear before the police. Different rules apply to summonses from the public prosecutor’s office or the court.
Should I call to explain that it is all a misunderstanding?
Absolutely not. Such statements are recorded in the file and may harm your defence. Always consult a lawyer first.
Is silence suspicious?
No. Remaining silent is your legal right and will not be held against you. Only after file review can a decision on a statement be made.
What happens if I ignore the summons?
If you do not attend a police summons, nothing usually happens, and the matter goes to the public prosecutor. Ignoring court or prosecutor summonses can have negative consequences. Always consult your lawyer first.
Can I attend with a lawyer?
Yes – and this is strongly recommended. Your lawyer will accompany you, intervene if necessary, and ensure proper recording.
Am I at risk of detention?
It depends on the case (e.g. flight risk, risk of tampering with evidence). In cases of searches or arrest, contact us immediately.
Contact Us – Your Criminal Defence Lawyers in Frankfurt and Nationwide
- Dr. Caroline Jacob, Specialist Lawyer for Criminal Law
- Frank M. Peter, Specialist Lawyer for Criminal Law
- Dr. Sven Henseler, Criminal Defence Lawyer, Diplom-Finanzwirt (FH)
- 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 specialising in criminal defence for over 25 years in Frankfurt am Main. We represent clients throughout Germany.
📞 Phone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de
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