Anyone summoned by the police, the public prosecutor’s office or a court as a suspect should take the appointment seriously – but should not make an unprepared statement about the allegation. This article explains what to do after receiving a summons, which rights apply during an interview as a suspect and how a criminal defence lawyer prepares for the interview.
The short answer
Attending and making a statement are two different things. As a general rule, a duly issued summons to an interview must be complied with. However, suspects may remain silent regarding the allegation. Whether it is advisable to remain silent, make a prepared statement, provide a partial statement or submit a written statement can only be decided after reviewing the specific allegation and, where possible, the case file.
What you should do immediately after receiving the summons
1. Keep the summons and note the appointment. Photograph or scan the entire document. Record the authority, case reference number, date and time, location and the offence stated in the summons.
2. Do not provide any substantive explanation. Do not try to clear up the suspicion by telephone, email or in an informal conversation. Even spontaneous remarks may be documented and used later.
3. Contact a criminal defence lawyer promptly. Send the summons to your defence lawyer as soon as possible. This leaves time to examine jurisdiction, the allegation, a possible rescheduling of the appointment and the defence strategy.
4. Preserve documents and data. Do not delete, alter or destroy messages, documents or other data. Coordinate with your defence lawyer as to which materials are needed and when they should be submitted.
5. Do not coordinate with other persons involved. Do not discuss the allegation with potential witnesses or co-suspects, and do not post anything about it on social media.
What is an interview as a suspect
An interview as a suspect is the formal questioning of a person against whom there is a specific suspicion of a criminal offence. It may be conducted by the criminal police, the public prosecutor’s office or a court. Its purpose is to investigate the suspicion and obtain evidence. The statement is recorded and may be used as evidence in subsequent criminal proceedings.
In everyday Austrian usage, the German terms Einvernahme and Vernehmung are often used synonymously. What matters is not the designation used for the appointment, but whether you are being questioned as a suspect and what specific suspicion exists against you.
Must I comply with a summons from the police or public prosecutor’s office
Yes. As a general rule, a duly issued summons to an interview must be complied with. This applies to summonses issued by the criminal police, the public prosecutor’s office and the court. If a summoned person fails to attend without an excuse, they may be brought before the authority by force if this consequence was expressly stated in the summons.
If you cannot attend for a substantial reason, you should not simply stay away. Contact the summoning authority promptly through your defence lawyer and clarify whether the appointment will be rescheduled and what evidence of the reason is required. Rescheduling is not automatically guaranteed.
Important: The obligation to attend the appointment does not mean that you must make a statement about the allegation.
Must a suspect make a statement during the interview
No. Suspects may comment on the matter or refuse to make a statement. They do not have to incriminate themselves and do not have to justify their silence. The right to remain silent applies regardless of whether the summons was issued by the police, the public prosecutor’s office or the court.
It is also generally possible to make a statement on selected topics only. However, a partial statement should not be chosen spontaneously: answers and omitted topics will be assessed together, and unclear boundaries may prompt new questions or avoidable inconsistencies. The appropriate form of response is therefore a strategic decision that depends on the individual case.
Why an early statement can shape the subsequent proceedings
Once something has been recorded, it remains in the case file. A statement may later be supplemented, corrected or changed, but discrepancies will generally be addressed. Inconsistencies often arise not from dishonesty, but from nervousness, ambiguous questions, gaps in memory or a lack of knowledge of the evidence already available.
Before the first police interview in particular, it is often unknown which messages, documents, account transactions or statements by other persons are in the case file. The decision whether to make a statement should therefore be taken only after legal advice and, where possible, after inspecting the file. Access to the case file is an important right of suspects, but during the investigation it may be restricted to the extent permitted by law and may not be fully available before the first appointment in every case.
How an interview as a suspect typically proceeds
1. Verification of identity and personal circumstances. At the outset, personal details and circumstances are usually recorded.
2. Notification of the allegation. Before substantive questioning begins, you must be informed of the offence you are suspected of having committed.
3. Information about your rights. In particular, you must be informed of your right to remain silent, to consult a defence lawyer beforehand, to have a defence lawyer present and of the possible use of your statement. Interpretation assistance must be considered where required.
4. Opportunity to give a coherent account. If you wish to make a statement, you must first be given the opportunity to present a coherent account of the allegation from your perspective.
5. Questions from the interviewer. Specific questions follow. If a question is unclear, you may ask for clarification or rephrasing. Say openly if you do not know something or cannot remember it with certainty.
6. Review of the record. Read the record in full. Immediately request the correction of incomplete or ambiguous wording and sign only when your statements have been recorded accurately.
What role does the criminal defence lawyer play during the interview
Suspects may consult a defence lawyer before making a statement and may have a defence lawyer present during the interview. If this right is exercised, the interview must generally be postponed until the lawyer arrives. However, the law provides for exceptions, in particular where there is a risk of an unreasonable extension of detention or, subject to strict conditions, where an immediate interview is necessary to safeguard the investigation.
While a specific question is pending, the answer may not be discussed with the defence lawyer. However, after thematically related sections or at the end, the defence lawyer may ask the suspect questions and make statements. In practice, the greatest benefit therefore lies in preparation: assessing the case file and allegation, considering possible forms of statement, identifying critical issues and establishing a consistent approach.
Silence oral statement or written statement
There is no standard solution that is right for every case. Depending on the allegation, the state of the case file, the evidence and the objective of the proceedings, the following options in particular may be considered:
• Remaining silent initially: advisable where the contents of the case file are still unclear or an immediate statement would create avoidable risks.
• Prepared oral statement: advisable where a personal, coherent account can persuasively convey exculpatory circumstances.
• Written statement: particularly worth considering where there are extensive figures, technical processes, numerous documents or difficult questions requiring specialist expertise.
• Partial statement: possible, but only after clearly defining the topics and possible follow-up questions as part of the strategy.
Section 164(3) of the Austrian Code of Criminal Procedure (StPO) expressly provides that, in the case of difficult questions requiring specialist expertise or an assessment by an expert, the suspect must be allowed to submit a supplementary written statement within a reasonable period.
Which interview methods are prohibited
Suspects must not be induced to confess or provide other information by promises, deception, threats or coercive measures. Questions must be clear and readily understandable. Vague, ambiguous or leading questions are prohibited. Likewise, a fact that has not been admitted must not be treated in a question as though it had already been admitted.
Can applications for evidence be made during the interview
Yes. During the investigation, suspects may apply for evidence to be obtained, for example by interviewing an exculpatory witness, obtaining specific documents or commissioning an expert opinion. An application for evidence should identify the evidence, the material fact to be proved and the reasons why the evidence can establish that fact. Applications for evidence and material statements should be accurately reflected in the record.
Common mistakes after receiving a summons
• ignoring the appointment or assuming informally that it has been rescheduled
• giving a spontaneous explanation of the allegation by telephone or email
• making a comprehensive statement without knowing what evidence may exist
• presenting assumptions as certain recollections
• handing over documents without prior review or deleting or altering data
• coordinating statements with potential witnesses or co-suspects
• merely skimming the record and failing to have unclear wording corrected immediately
How PAULITSCH LAW prepares and assists you
PAULITSCH LAW specialises in criminal law and white collar criminal law and represents suspects throughout Austria. We review the summons and the allegation, apply for access to the case file, analyse incriminating and exculpatory circumstances and work with you to develop a statement and defence strategy tailored to the specific proceedings. At your request, we will accompany you to the interview with the police, the public prosecutor’s office or the court and then take the necessary defence steps.
Have you received a summons? Send us the complete summons as soon as possible and provide the date and time, authority and case reference number. office@paulitsch.law | +43 1 361 4007 | Contact form
Frequently asked questions about summonses and interviews as a suspect
Yes. As a general rule, a duly issued summons must be complied with. Failure to attend without an excuse may result in you being brought before the authority by force if this consequence was expressly stated in the summons.
No. You may remain silent regarding the allegation. The obligation to attend a scheduled appointment is separate from the decision whether to make a statement.
Rescheduling may be arranged where there is a substantial and verifiable reason, but it is not automatically guaranteed. Contact the authority promptly, preferably through your defence lawyer.
A partial statement is generally possible. Whether it is tactically advisable depends on the proceedings and should be precisely determined in advance.
As a general rule, yes. A defence lawyer may be present. Their participation during the ongoing questioning is limited by law; after thematic sections or at the end, they may ask questions and make statements.
As a general rule, suspects have a right to inspect the case file. During the investigation, this right may be restricted to the extent permitted by law; moreover, full access may in practice not yet be possible before an early appointment.
Only after prior review and consultation with your defence lawyer. Documents may be exculpatory, but may also raise new questions or be interpreted in a misleading way.
Note the caller’s name, police unit, case reference number and proposed appointment. Do not make any substantive statement by telephone and obtain legal advice before taking further steps.
As soon as possible after receiving the summons. The earlier the defence is involved, the more time remains to inspect the case file, coordinate the appointment and make a carefully considered decision about any statement.
Author
RA Mag. Sebastian Hagen, attorney-at-law at PAULITSCH LAW, specialising in criminal law, white collar criminal law and compliance.
