Citizenship
Immigration Law
Insights
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Received a summons to the police or a criminal complaint.
Whether as a suspect or as a witness: what you should know before the questioning, which rights you have and why you should not make a statement unprepared.
What would you like to know?
In short
- Do not make a statement before you have spoken to a lawyer.
- As a suspect (Beschuldigter), you may remain silent. As a witness (Zeuge), you must testify, unless you would incriminate yourself or a relative.
- You are entitled to access to the file and, if necessary, to a translation.
- Against an unlawful act by the police: appeal against measures of direct coercion (Maßnahmenbeschwerde) within six weeks.
Before the questioning
The most important advice first
Do not make a statement before you have spoken to a lawyer. What you say in the first questioning can be used against you and can hardly be taken back later. Bring the summons to the initial consultation.
Your role
Suspect or witness?
The summons states in which role you are being questioned. As a suspectSuspectA person who, on the basis of specific facts, is concretely suspected of having committed an offence and who is therefore being investigated (Beschuldigter, § 48 StPO). Before that, the law speaks of a person under suspicion. you have a comprehensive right to remain silent. As a witnessWitnessA person who is to give evidence about an offence without being a suspect themselves (Zeuge). Witnesses must follow the summons and testify truthfully, unless a right to refuse applies (§§ 156, 157 StPO). you must appear and testify truthfully. You may refuse to testify, however, if you would incriminate yourself or a relative. The summons must point out your right to a person of trustPerson of trustA witness may bring a person they trust to the questioning. Anyone who is themselves a suspect or a witness is excluded (§ 160 para 2 StPO)..
Your rights
What you are entitled to as a suspect
- to be told which offence you are suspected of
- to make a statement or to remain silent, without any disadvantage to you
- to consult a defence lawyer beforehand and bring them to the questioning
- to inspect the fileAccess to the fileThe suspect's right to inspect the results of the investigations by the police, the public prosecutor's office and the court (Akteneinsicht, § 51 StPO). Restrictions are only allowed in exceptional cases, where the investigations would otherwise be put at risk.
- a translation, if you do not understand German sufficiently
Legal basis: §§ 49, 51, 56 and 164 StPORights of the suspectRights of the suspect (§ 49), access to the file (§ 51), translation assistance (§ 56) and conduct of the questioning (§ 164).Legal text in RIS (in German) →.
After the complaint
What happens next
After a complaint, the public prosecutor's office directs the investigation (Ermittlungsverfahren), and the criminal police investigate on its behalf. The end result is a discontinuation, a diversionDiversionClosing criminal proceedings without a conviction (Diversion), for example by paying a sum of money, community service, a probation period or victim-offender mediation. No entry in the criminal record.More about diversion → or an indictment.
If the act is not punishable or, given the duration and scope of the investigation, the suspicion no longer justifies continuing, you can apply for the proceedings to be discontinued (§ 108 StPO§ 108 StPOThe court discontinues the investigation on application if the act is not punishable or, given the duration and scope of the investigation, the suspicion no longer justifies continuing. The application is filed with the public prosecutor's office.Legal text in RIS (in German) →). As a rule, the investigation should not last longer than two years.
From our practice: The police arrested a client and later gave a different reason for it. The administrative court declared the arrest and detention unlawful. Read the case (in German) →
Police check
Do I have to show ID?
There is no general duty to carry ID in Austria. Foreign nationals must, however, be able to produce an identity document, such as their residence permit. The police may only establish your identity under certain conditions (§ 35 SPG§ 35 SPGThe police may only establish a person's identity in certain cases, for example if someone could be connected with a dangerous attack or if acts punishable by a considerable penalty are suspected at their location.Legal text in RIS (in German) →), for example where a dangerous act is suspected.
Note down what happens: place, time, names or service numbers, witnesses. You can challenge an unlawful police act within six weeksDeadline: six weeksFor the appeal against measures of direct coercion to the administrative court, from the day of the police act (§ 7 para 4 VwGVG). with an appeal against measures of direct coercionAppeal against measures of direct coercionAppeal to the administrative court (Maßnahmenbeschwerde) against direct orders and coercion by the police, for example an arrest, detention or search. Deadline: six weeks (§ 7 para 4 VwGVG)..
Next step
Initial consultation at a flat fee
We inspect the file, prepare you for the questioning and accompany you to the police.
Questions we get asked
Summons and questioning: short answers
Do I have to follow a summons to the police?
As a witness, yes: you must appear and testify, unless you have a right to refuse. As a suspect, you should also take the summons seriously, but you may remain silent. Clarify with a lawyer beforehand whether and what you say.
May I refuse to make a statement as a suspect?
Yes. As a suspect, you may remain silent at any time, without any disadvantage to you. You may consult a defence lawyer beforehand and bring them to the questioning.
May I bring someone to the questioning?
As a suspect, your defence lawyer. As a witness, you may bring a person of trust. The summons must point this out.
What if I do not speak German well?
Then you are entitled to translation assistance in a language you understand (§ 56 StPO). Say so right at the start of the questioning.
How can I have an investigation ended?
You can apply for the court to discontinue the proceedings (§ 108 StPO), for example if the act is not punishable or the suspicion no longer justifies continuing. The application is filed with the public prosecutor's office.
How we work
Three steps, from the first conversation to the notice (Bescheid).
Initial consultation
For a flat fee. We listen, go through your documents and tell you honestly where you stand.
Clear assessment
You know exactly what is realistic, what it costs and what happens next, in writing.
We get started
We file applications, monitor deadlines and keep you updated by e-mail, phone or WhatsApp, in your language.
Team
The people behind your case.
Mag. Igor Matejuk, BEd
Mag. Adrian Zitter
Looking for the whole team? Meet everyone →
Contact
How to reach us.
Unsere Erfolge
Aktuelles aus der Praxis.
1010 Vienna (Stephansplatz)
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