Definition and Legal Classification of the Summons
A summons in the German legal system is an official or judicial request for a person to appear at a specific location at a certain time. This measure is primarily used to conduct investigations, hearings, or other legal proceedings. The summons is a central instrument for establishing the truth in criminal, civil, administrative, and other proceedings. Depending on the originator (e.g., police, court, public prosecutor, administrative authority) and the recipient (accused, witness, expert, party), there are different legal requirements, effects, and obligations.
Summons in Criminal Proceedings
Summons by the Police
The police may, in the context of criminal investigations pursuant to Section 163 of the German Code of Criminal Procedure (StPO), summon persons for questioning. Addressees may be suspects or witnesses. Suspects are not obliged to comply with a police summons—they are neither required to appear nor to testify before the police. Witnesses are only required to appear before the police in cases of imminent danger; otherwise, the obligation arises only after a summons from the public prosecutor or the court.
Admissibility and Consequences
A police summons must state the purpose of the summons, the circumstances, and the date and time. If the summoned person fails to appear without excuse, the police generally cannot enforce compulsory attendance—except in cases of imminent danger. A duty to appear only arises after a formal order by the public prosecutor (Section 161a StPO).
Summons by Public Prosecutor and Court
Both the public prosecutor and the courts are authorized to order the attendance of suspects, witnesses, or experts at appointments (Sections 48, 51 StPO). If the summoned person does not fulfill this obligation, coercive measures such as fines or detention, as well as compulsory appearance, may be ordered (Sections 51, 70 StPO).
Witness Obligations and Right to Refuse Testimony
Witnesses are obligated to comply with the summons and to give truthful information. However, witnesses have a right to refuse testimony, for example, for close relatives of the accused (Section 52 StPO) or due to special professional confidentiality obligations (Section 53 StPO). The mandatory rights and obligations are explained in the course of the questioning.
Accused
The accused usually receives a summons to the main hearing (Section 216 StPO). If they fail to attend without excuse, compulsory attendance may be ordered or an arrest warrant may be issued against them (Sections 230, 231 StPO).
Summons in Civil Proceedings
In civil proceedings, parties, witnesses, and experts are summoned by the court in writing (Sections 274 ff. ZPO). The summons serves for judicial hearing and evidence-taking.
Obligation to Appear
If parties fail to attend without excuse, a default judgment may be rendered against them (Section 331 ZPO). Witnesses and experts are generally required to appear; if they fail to do so, fines and compulsory attendance may be ordered (Sections 380, 387 ZPO).
Summons in Administrative Proceedings
In administrative proceedings, especially in regulatory offense law and administrative enforcement law, official summonses are also possible and regulated in the respective procedural laws (e.g., Sections 27 ff. VwVfG, Sections 46 ff. OWiG). Addressees may be required to appear, especially for clarification of the facts. Failure to attend may result in enforcement measures, such as fines.
Forms and Service of the Summons
Written and Oral Summons
Summonses are usually issued in writing, containing case details, personal data, purpose, and the legal consequences of non-appearance. In urgent cases, the summons may also be issued orally or by telephone.
Delivery and Effectiveness
In legal transactions, the receipt of the summons is crucial. A valid summons is a prerequisite for subsequent measures in the event of non-appearance. In case of doubt, the authority or court is responsible for proving delivery (e.g., service certificate, registered mail).
Legal Consequences of Unexcused Absence
Coercive and Enforcement Measures
Anyone who fails to comply with a summons without excuse must—depending on the type of proceedings and the summoning authority—expect coercive measures (fines, detention) or compulsory attendance. In criminal proceedings, suspects are excepted after a police summons; however, in the case of a judicial summons they are expressly included.
Consequences for the Course of the Proceedings
Unexcused absence can delay the proceedings and also result in disadvantages such as default judgments, cost orders, or evidentiary disadvantages.
Costs and Compensation for Summonses
Persons who appear on official or judicial summons are entitled to reimbursement of necessary expenses, such as travel costs and loss of earnings (Sections 464, 465 StPO, Section 381 ZPO). The regulations on witness and expert compensation are found in the Judicial Remuneration and Compensation Act (JVEG).
International Aspects of the Summons
In international legal dealings, such as with foreign witnesses or legal assistance, the summons is issued according to the rules of international legal assistance. Its effectiveness and enforceability depend on international treaties and diplomatic cooperation.
Summary
Die summons is an essential element in German law, serving the effective conduct of criminal, civil, and administrative proceedings. The rights and obligations of the recipients, as well as the penalties for failing to comply with the duty to attend, vary according to the legal area. Proper service and legal instruction are fundamental prerequisites for the validity and consequences of a summons. Appropriate compensation regulations protect the interests of those summoned.
Note: The term summons is not limited to a specific area of procedure, but generally applies in all judicial and official proceedings. The relevant legal basis should be reviewed in each individual case.
Frequently Asked Questions
What should be considered in the event of a police summons?
When a person receives a police summons, it must first be clarified whether they are being summoned as an accused or as a witness. As an accused, there is generally no obligation to appear before the police or to make statements on the matter; only personal data must be given if appearing on site. The situation is different for a police summons as a witness outside of court proceedings: Here, too, there is generally no obligation to comply with a police summons unless it is a summons from the public prosecutor or the court. In these cases, there is fundamentally an obligation to appear and testify, otherwise sanctions may be imposed. In any case, it is advisable to consult a Rechtsanwalt before making a statement, especially if there is a risk of self-incrimination.
What are the consequences of unexcused absence from a court summons?
If a summoned person fails to attend a court summons, for example as a witness or expert, without excuse, the court may order enforcement measures. Possible measures include fines or even detention. In addition, the court may order that the absent person be brought to the next hearing at their own expense. In criminal proceedings, an arrest warrant may also be issued to compel attendance. The costs of the absence or the compulsion to appear may be imposed on the person concerned.
How is service of a summons usually carried out?
Summonses, especially in the context of criminal proceedings, are generally served in writing. This can be by ordinary mail, service against acknowledgment of receipt, registered mail, or by a bailiff. In certain urgent cases, the summons may also be issued orally, by telephone, or in person. The crucial point is that the person summoned actually becomes aware of the summons; for judicial or prosecutorial summons, proper service is generally sufficient.
Can I have a summons rescheduled?
If an appointment is unreasonable or there are compelling reasons (such as illness, professional obligations, or already booked travel), a rescheduling can be requested. The relevant authority (police, public prosecutor, or court) should be contacted immediately and the reason substantiated. Depending on the case, a medical certificate or similar proof may be required. Without valid reason, rescheduling is generally not granted, which must be particularly considered with judicial or prosecutorial summonses.
Do I have to make a statement when summoned?
The obligation to make a statement depends on whether you are summoned as an accused or as a witness. As an accused, you have a comprehensive right to remain silent. You are only required to provide personal details. Statements on the matter are not required, and this right should especially be exercised if there is a risk of self-incrimination. Witnesses are generally obliged to testify, unless they have a statutory right to refuse evidence (for example, as relatives of the accused or in particular professions such as lawyers or journalists).
What rights do I have as an accused with regard to a summons?
Accused persons have extensive rights: the right to remain silent, the right to legal counsel, the right to be informed of their rights as an accused before questioning, and the right to inspect the file (via a lawyer). They are not obliged to comply with a police summons; only a summons from the court or the public prosecutor creates a duty to appear. Any statements on the matter should basically be avoided without legal advice.
What happens if I live abroad and receive a summons from Germany?
Persons living abroad are generally not obliged to comply with a police or prosecutorial summons if their residence is abroad. However, court summonses can—under certain international treaties—be served across borders and, exceptionally, also enforced. In practice, such measures in criminal cases are usually only taken for serious offenses. For witnesses, a request for legal assistance may be directed to the local authorities abroad. Legal counsel is particularly recommended in these cases to review the individual duties and rights.
