Have you received a summons as a suspect from the police or public prosecutor's office and are requested to appear for an interrogation? This means that there is an initial suspicion against you, indicating that a preliminary investigation is being conducted against you.
If you have received a summons and are accused of committing a crime, it is essential to act immediately and consult a specialized lawyer.

Your lawyer will handle all communication with the public prosecutor and the police on your behalf and will request access to the case files from the competent public prosecutor. Based on the obtained case files, an effective defense strategy can be developed. This strategy often aims to have the case discontinued even during the investigation proceedings.
Engaging a knowledgeable lawyer early in the investigation proceedings also has the advantage that a comprehensive statement can be prepared for the public prosecutor at this early stage of the proceedings. This statement will involve a detailed legal and factual examination of your allegations, aiming to achieve, ideally, a discontinuation of the case due to insufficient suspicion of a crime according to § 170(2) StPO.
Keep in mind that a lawyer will inform you about your fundamental rights at this early stage of the investigation proceedings.
As a defendant in a criminal proceeding, you have the right to remain silent. If you exercise this right, it cannot be held against you.
You are also not obliged to comply with such a summons. Even if you believe you are innocent, you should never appear for questioning by the police (without legal representation).
Preliminary Suspicion: Initiation of Investigation Proceedings
The investigation proceedings are based on the goal of prosecuting and clarifying criminal offenses. As a result of the principle of legality, the public prosecutor has procedural authority in this phase of the criminal proceedings, as per § 152(2) StPO.
The investigation proceedings are fundamentally initiated when there is a suspicion of a crime. This suspicion can be reported to the public prosecutor through a complaint or by other means. The suspicion of a crime triggers the public prosecutor's duty to investigate the facts, as stated in § 160(1) StPO. If there are sufficient factual indications of a crime, the public prosecutor is obliged to initiate investigation proceedings in accordance with § 152(2) StPO.
The initiation of the investigation proceedings requires the assumption of a preliminary suspicion against the accused. This suspicion exists when the commission of a crime cannot be completely ruled out, meaning that sufficient factual indications make the occurrence of a crime appear possible according to criminalistic experience, as outlined in §§ 152(2), 160(1) StPO.
Prosecutorial Powers in the Investigation Proceedings
The public prosecutor is the "master of the investigation proceedings" and may enlist the support of the police in gathering facts.
When police officers act as investigative agents of the public prosecutor, as per § 152 GVG, they are bound by the instructions of the public prosecutor. The police work primarily in a repressive manner to investigate crimes and secure evidence.
The public prosecutor and the police have a multitude of investigative activities at their disposal during the investigation proceedings. In addition to general powers such as interviewing witnesses (§ 163a StPO), provisional arrest (§ 127 StPO), or identification procedures according to § 81b StPO, particular emphasis should be placed on searches, asset seizure, and confiscation due to their frequent occurrence and the significant intensity of their impact.
A preliminary suspicion, along with the assumption that the intended goal of a proportional search as per § 102 StPO will be achieved, is generally sufficient to legitimize a search of a suspect under §§ 102 ff. StPO. The search can be aimed at finding evidence as well as apprehending the accused. According to § 103 StPO, a search may also be permissible in the case of innocent parties. It is important to note the limited authority to conduct searches during nighttime as specified in § 104 StPO.
The asset seizure under §§ 111e ff. StPO is experienced as particularly intrusive. This allows the court, and in cases of imminent danger, the public prosecutor, to secure the assets of the accused by court order (to secure the enforcement of a later possible confiscation of value) in the presence of a preliminary suspicion.
The execution of the asset seizure is then conducted in accordance with § 111f StPO. Due to its far-reaching impact on even the legally acquired assets of the accused, asset seizure is considered one of the most severe coercive measures in criminal proceedings.
Access to items that may serve as potential evidence is facilitated by the regulation of § 94 StPO, allowing for the securing and confiscation of items for evidential purposes in the presence of a preliminary suspicion. Depending on whether the handover occurs voluntarily, it will be classified as either a securing according to § 94(1) StPO or a confiscation according to § 94(2) StPO. In this context, any confiscation prohibitions under §§ 96 ff. StPO must be observed.
Conclusion of the Investigation Proceedings: Discontinuation or Indictment
Once the investigation proceedings have been completed—using the aforementioned or various other investigative measures—it is up to the public prosecutor to decide on the further course of action, depending on the established degree of suspicion:
The proceedings may be discontinued in accordance with § 170(2), § 153, or § 153a StPO, with a discontinuation according to § 170(2) StPO occurring when the investigations have not established sufficient suspicion of a crime. The accused must be informed of the discontinuation of the proceedings via a notification of discontinuation.
Despite sufficient suspicion, a discontinuation may occur under §§ 153 ff. StPO as a result of the principle of opportunity due to insignificance.
§ 153 StPO provides for a discontinuation without conditions, while § 153a StPO includes conditions for the discontinuation.
In Germany, in 2024, out of 5.5 million prosecutorial investigation proceedings, 59% of all investigations were discontinued. A discontinuation with conditions occurred in 3% of the resolved investigation proceedings. Therefore, it is statistically a realistic option that your case could be discontinued with efficient legal advice.

In the event of establishing sufficient suspicion of a crime, the public prosecutor files an indictment with the competent court according to § 170(1) StPO. Sufficient suspicion is assumed when, after a preliminary assessment of the evidence, a conviction of the defendant appears more likely than an acquittal. To this end, the public prosecutor submits the investigation files and the indictment they have drafted. Upon receipt, the indictment is formally lodged, initiating the so-called interim proceedings, in which the court decides whether to open the main proceedings or, alternatively, to provisionally discontinue the case. Furthermore, the defendant is now referred to as the accused. If, based on the findings of the preparatory proceedings, the accused appears sufficiently suspicious, the court decides to open the main proceedings (see § 203 StPO).
It is the responsibility of the public prosecutor to issue a penal order for minor offenses according to § 407 StPO or to apply for an expedited procedure in cases that are actually straightforward or have clear evidence, as stated in § 417 StPO.
Involve a Defense Attorney as Soon as Possible in the Investigation Proceedings
Contact us as soon as you find a summons in your mailbox. We will inform the police and/or public prosecutor that you will not be attending the appointment. From this point onward, all communication with the investigative authorities will be handled by our law firm.
Furthermore, we will promptly request access to the case files, as only upon reviewing the files can we determine what specific allegations the public prosecutor is making against you and what evidence and indications support the charges.
We will discuss the allegations with you, develop a defense strategy, and specifically examine whether it makes sense to submit a statement to the public prosecutor during the investigation proceedings. Often, a statement at this stage can lead to the dismissal of the case or at least provide an opportunity to present the facts from your perspective to the public prosecutor.
Investigation Proceedings - The Most Important Tips at a Glance:
- Keep quiet
- Keep silent
- Do not obey the police summons
- Do not fill out a hearing form and do not sign anything
- Contact us