Police summons, hearing form, penal order: what to do now

The police summons (Vorladung)

A Vorladung is a letter inviting you to attend a police interview. As an accused person you are not obliged to follow it. You do not have to appear at the police station and you do not have to say anything about the allegation. Letting the appointment pass is neither a disadvantage nor an offence in itself.

The right to silence is written into the law. Under section 136 subsection 1 sentence 2 of the Code of Criminal Procedure (Strafprozessordnung, StPO), it is for you to decide whether to comment on the accusation or to remain silent, and silence must not be held against you. A statement, once recorded in the file, cannot be taken back.

Cancel the appointment or let it pass and contact us. We notify the authorities that we act as your defence counsel (Verteidiger), so that they deal with us and not with you.

The hearing form (Anhörungsbogen)

An Anhörungsbogen is a printed form that tells you in writing which allegation is being investigated and offers you the opportunity to comment. It is sent by the police, the public prosecution office or an administrative authority. Because it looks like ordinary paperwork, it is often filled in and returned without thought.

The form has two parts, and they follow different rules. The personal details, that is name, date of birth, place of birth, marital status, nationality and address, must be given. The details on the substance of the allegation need not be given. There the same rule applies as in an interview: you may remain silent (section 136 subsection 1 sentence 2 StPO).

Do not return the completed form before your defence has seen the file. Even a short, well meant explanation counts as a statement (Einlassung) and stays in the file for the rest of the proceedings.

The penal order (Strafbefehl)

A Strafbefehl is not an invitation and not a warning letter. It is a conviction without a trial: a court decision issued in writing, without any hearing, usually on application by the public prosecutor and usually imposing a fine, sometimes also a driving ban or the withdrawal of the driving licence. In our experience this often surprises people used to another legal system.

The deadline decides everything. You may lodge an objection (Einspruch) within two weeks of service of the penal order. If those two weeks pass without an objection, the penal order becomes final and has the same effect as a judgment delivered after a full trial. The penalty is then enforced and the entry in the Federal Central Criminal Register (Bundeszentralregister) remains.

An objection brings the case back into an ordinary court hearing. It does not have to state reasons and it can be limited to a single point, for example to the amount of the daily units of a fine. If you withdraw it, or if you do not attend the hearing, the penal order stands.

Keep the envelope with the service note on it. It shows the date on which the two week period began.

Access to the file comes first

In all three situations the order of steps is the same. First the file, then the decision whether anything is said at all. Until then nobody knows what the allegation rests on: which witnesses exist, what they have said, which measurements, evaluations or documents are in the file.

The right to see it is set out in section 147 StPO: defence counsel is entitled to inspect the files that are before the court, or that would have to be submitted to it if charges were brought, and to view evidence held officially. We apply for access as soon as we have notified the authorities that we act for you.

Only then do we discuss with you whether a written submission, an application for evidence, an objection or silence is the right course. That decision is taken together with you, on the basis of what the file actually contains.