Emergency guidelines in case of being summoned for questioning

According to Section 163a (1) sentence 1 of the German Code of Criminal Procedure, the accused must be questioned before the end of the investigation. The purpose of the hearing is twofold: first, to ensure that the accused is heard, and second, to establish the truth. If you are under investigation for a criminal offense, you will typically receive a summons from the police or a statement form. However, it is essential to be cautious about making any premature statements to the police because the investigating authorities usually have an edge over you in terms of knowledge. Therefore, it is recommended not to comply with a summons without legal advice.

While the police cannot enforce questioning by a summons, you must comply with a summons from the public prosecutor's office. Failure to do so may lead to coercive measures being taken against you. However, as the accused, you have the right to remain silent and not incriminate yourself. Remaining silent cannot be used against you in court.

If you receive a letter from the police or directly from the public prosecutor's office, you should contact a defense lawyer immediately and avoid making any statements. As the accused, you have the right to consult a lawyer at any time. As your defense lawyer, I will then inform the investigating authorities that I have taken over your defense and request access to the file.

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