Make a statement or remain silent? Questioning of the accused

1What is it about?

The questioning of the accused (Beschuldigtenvernehmung) is the examination by the police, the public prosecutor’s office or the court. Before it begins, the accused must be informed of the offence alleged and of his or her rights: to remain silent on the matter, to consult a defence lawyer and to request that individual items of evidence be taken (§ 136 StPO). Prohibited methods of questioning are inadmissible (§ 136a StPO).

Whether making a statement makes sense depends on the state of the evidence. Experience shows that ill-considered statements often do harm, whereas a cautious approach, coordinated with a defence lawyer, keeps the options for the defence open.

2Typical case scenarios

• Questioning after an arrest or a check.
• Questioning in the course of a search of premises.
• Written statement in response to an allegation.
• Questioning by the public prosecutor’s office or the investigating judge.
• Questioning without your having had access to the case file.

3Frequently asked questions

4How the proceedings unfold

1. CautionOffence alleged, right to silence, right to a defence lawyer.
2. Personal detailsCompulsory, insofar as required for identification.
3. Statement on the matterVoluntary, may be broken off at any time.
4. MinutesReview and approval; request corrections.

5What requires particular attention

• Do not say anything “just for clarification” without prior advice.
• Read minutes carefully and insist on corrections.
• Withdraw a statement made under pressure immediately, through your defence lawyer.
• Do not share your statement with witnesses or co-accused.

6How we defend you

We first discuss what the allegation is and what evidence exists. We then decide together whether silence, a written statement by the defence lawyer or a personal statement is the best choice.

If you do make a statement, we prepare you and accompany you as far as possible. We carefully examine errors in the caution, pressure during questioning and prohibitions on the use of evidence.