A letter arrives from the police, or the phone rings, and you are asked to come in for questioning. The single word on the summons – Beschuldigter (suspect) – turns an ordinary week into a sleepless one. Does it mean prison? An arrest? For most people it means neither. It means that a criminal investigation (Ermittlungsverfahren) has been opened against you, and that the coming days will decide a great deal.

It is worth putting the myths to rest. A summons to a suspect interview does not, on its own, lead to a custodial sentence – especially where no arrest has been ordered. How the matter develops depends heavily on the accusation, and on other factors besides. What you do in the first hours, however, is often decisive.

On this page I explain, as a criminal defense lawyer in Vienna, what a summons as a suspect actually means under the Austrian Code of Criminal Procedure (Strafprozessordnung, StPO), which rights § 49 StPO gives you, and how to conduct yourself before and during the interview – particularly if German is not your first language.

Suspect, accused or defendant? What the summons means

Austrian criminal procedure distinguishes three stages, and the words matter. A suspect (Verdächtiger) is a person against whom investigations are being conducted on the strength of a first suspicion. A charged suspect (Beschuldigter) is a suspect against whom the suspicion has become concrete – based on specific facts – so that the prosecution orders investigative measures, the police carry them out, or evidence is gathered to test that suspicion. You become a defendant (Angeklagter) only later, once the matter reaches the court. The table sets the three apart.

A summons as a Beschuldigter therefore places you at the second stage, not the third. It is the point at which your defense rights are at their most useful – and at their most easily wasted.

How a criminal investigation begins in Austria

In Austria, the police open an investigation (Ermittlungsverfahren) as soon as there is an initial suspicion (Anfangsverdacht) of an offence subject to public prosecution – an Offizialdelikt, that is, an offence the state pursues of its own motion and not only on a victim’s complaint. From that point on, evidence is gathered and investigative steps are taken to clarify the suspicion.

Those steps can be intrusive. Depending on the case, they include the seizure of objects (Beschlagnahme), physical examinations, an arrest (Festnahme) and, in serious cases, pre-trial detention (Untersuchungshaft). The suspect interview is one instrument among these – but for most people it is the one they encounter first.

How the summons reaches you

The summons usually arrives by post, but it can also come by telephone. Your very first task is to establish whether you are being summoned as a suspect (Beschuldigter) or as a witness (Zeuge) – the two roles carry different rights and duties. And if you are at liberty (auf freiem Fuß), it is often sensible to postpone the interview until you and your lawyer are properly prepared, rather than to walk in unready.

From suspicion to the prosecutor’s decision

A suspect interview does not stand alone. It sits within a sequence that runs from the first suspicion to the moment the prosecutor decides what to do. Knowing where you are in that sequence is what lets a defense begin in time.

Your rights as a suspect (§ 49 StPO)

As a charged suspect in criminal proceedings in Austria, you hold specific rights under § 49 of the Code of Criminal Procedure (Strafprozessordnung, StPO). They are central to a fair trial and exist to ensure that your fundamental protections are respected from the outset. Four of them matter most in the days around a summons.

Right to be told the suspicion and your procedural rights

You have the right to be informed of the suspicion against you and of your essential rights in the proceedings. This is not satisfied by reading out a list of paragraph numbers: you are entitled to be told what you are concretely suspected of having done, so that you can grasp the nature and extent of the accusation.

Right to a defense lawyer

You have the right to instruct a defense lawyer (Verteidiger) of your choice. Where you meet the requirements, this includes the right to a legal-aid defense lawyer (Verfahrenshilfeverteidiger). The lawyer’s role is to represent your interests, to help you shape your defense and to ensure your rights are observed. An experienced defense lawyer can weigh the state of the evidence and advise whether it is wiser to make a statement or to say nothing – the suspect’s right to refuse to give evidence (Recht auf Entschlagung).

Right to inspect the file before the interview (Akteneinsicht)

Before you are questioned, you have the right to inspect the investigation file. This lets you and your lawyer see the evidence that has been gathered against you. Your lawyer can carry out this inspection, go through the material with you and, on that basis, develop a sound defense strategy – rather than reacting blind.

Right to remain silent – and its limits

You may comment on the accusation, or you may say nothing at all. You are not obliged to make any statement on the substance during the interview, which matters especially where you are uncertain and want to speak to a lawyer first. There is one boundary. As a suspect you are not obliged to tell the truth, but you may not lie in order to shield another person from prosecution (Begünstigung), nor make false accusations against someone else (Verleumdung). And while you are free to say what supports your defense, weigh the consequences of untrue statements, which can needlessly cost you your credibility.

How to behave when you are summoned

When a summons arrives, much is decided by how you prepare rather than by what you eventually say. In any case it is advisable to bring in a defense lawyer before the interview, so that the file can be inspected and the evidence assessed. And if you are questioned without any prior summons, remember your right to remain silent: when in doubt, it is better to say nothing on the substance than to risk a grave error for the rest of the proceedings. The steps below, in order:

1. Establish your role. Find out whether the summons names you as a suspect (Beschuldigter) or a witness (Zeuge). The rights and duties differ, so this comes before anything else.
2. Bring in a defense lawyer before the interview. A lawyer can inspect the file (Akteneinsicht), weigh the evidence and advise whether it is wiser to speak or to stay silent.
3. Do not improvise statements. If you are questioned without warning, fall back on your right to silence. An ill-considered remark on the substance cannot be withdrawn.
4. Comply with the summons itself. An official summons must, as a rule, be answered by appearing. Appearing and answering are two different things: you attend, but you are not obliged to give evidence on the accusation.
5. Consider postponing the interview. If you are at liberty, it is often sensible to move the date until you and your lawyer are properly prepared.
6. Insist on a clear explanation. You are entitled to understand the nature and extent of the accusation. Where necessary, the information about the charge and your rights must be given in a language you understand.

When a lawyer is required

In some proceedings there is mandatory legal representation (Anwaltspflicht), depending on the person concerned or on the gravity of the accusation. Even where it is not compulsory, it is always an advantage to entrust the matter to a defense lawyer who knows the field and can steer you safely through the whole criminal procedure – above all when the stakes, or the language barrier, are high.

Frequently asked questions on a police summons as a suspect

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