If you are accused of a crime, you are not obliged to comply with police summonses or even to testify. This is also strongly discouraged.
However, if you are summoned for a witness interrogation by the police, you may be required to appear before “investigative personnel of the prosecutor’s office” (specifically, the police) and testify if the interrogation and summons are based on a specific order from the prosecutor’s office (§ 168 Abs. 3 StPO).
However, the summons for witness interrogation can also be issued by the police. Therefore, the witness summons must indicate whether the interrogation has been initiated by the prosecutor’s office or if it is merely deemed necessary by the police. This is often difficult to determine, as such summonses are frequently written in complicated bureaucratic language, creating the false impression that one is obligated to appear and that failing to do so could result in a hefty fine or even arrest—when, in fact, there may be no actual order from the prosecutor’s office.
If there is no specific order from the prosecutor’s office, witnesses are not required to comply with a police summons.
Regardless, unexpected summonses for witness interrogation can be problematic: The police frequently use “witness” summonses when they suspect that the witness may be involved in the crime or could even be the unknown perpetrator. In such cases, while there is a duty to provide truthful statements as a witness, unlike an accused person, a witness generally has no right to refuse testimony!
For this reason, “witness summonses” are often used to lure a suspect—who is still formally considered a witness—into making seemingly harmless statements that create an initial suspicion against themselves! The police are only required to treat and inform a witness as a suspect—with all associated rights—once suspicion against them has intensified to the point that they are “seriously considered a perpetrator of the investigated crime.”
Additionally, caution is advised in cases involving investigations against close relatives or friends. Well-intentioned “favor statements” or false alibis should be strictly avoided, as they could not only harm the accused but also result in criminal consequences for the witness.
Important: Even as a witness, you may at any time be accompanied by a lawyer as a witness counsel. This is particularly advisable if your testimony could potentially expose you to criminal prosecution.
A lawyer can first determine whether the summons is based on a concrete investigation order from the prosecutor’s office—i.e., whether you are even required to appear before the police! Your lawyer can assess whether a right to refuse testimony exists due to potentially self-incriminating statements and can protect you from “misunderstandings” in police transcriptions during an interrogation. The latter is unfortunately a common issue, as interrogations are often not transcribed verbatim but are instead summarized based on how the interrogating officer interprets the statements!
Moreover, if the police or prosecutor’s office exert strong pressure, it is generally advisable to consult an experienced criminal defense lawyer!
Our law firm is committed to utilizing dedicated, professional, and knowledgeable expertise to explore all legal possibilities in criminal proceedings and develop effective defense strategies that specifically target the weaknesses of the judicial system.
No other area of law has as many discretionary options, considering the broad range of legal consequences provided for in criminal proceedings: from case dismissal (with or without a financial penalty), to the written penalty order process, to the non-opening of proceedings, acquittal, warning, waiver of punishment, or prison sentences ranging from a few months to many years—with or without probation.
The outcome in criminal law significantly depends on the choice of the right lawyer.
However, similar to choosing a doctor, trust in being in the best possible hands is the most important factor when engaging a lawyer. You can contact us at any time in advance to get a personal impression of our experience and competence.
