Witness or suspect: what position do you have with the police?

First determine why you are being approached

Ask who is conducting the conversation, what event it is about and whether you are being heard as a witness or suspect. Save the invitation and write down telephone information. A witness is asked about what he observed; a suspect is confronted with possible involvement in a criminal offense.

The word conversation in itself says little about the legal position. An informal contact may also contain substantive questions. If you do not understand why you are being approached, ask for clarification. You do not have to fill an unclear statement in a letter with assumptions yourself.

An invitation as a witness to the police

The police explain that cooperating with a police witness investigation is not mandatory. This is different from a call to testify before a judge. So read the letter by sender and type of call. Do not draw a general conclusion about all subsequent calls from the voluntary nature of one appointment.

If you would like to participate, please discuss practical questions such as time, location, language support and safety concerns in advance. Only tell what you know and distinguish between your own observations and information from others. An uncertain answer can be described as uncertain; a missing reminder does not need to be filled in with an estimate.

A formal summons to court has other consequences

Appearance and statement obligations may apply when summoned by the examining magistrate or before the criminal hearing. Case law also describes possible consequences of staying away. If you are unable to come, please report this in a timely manner to the calling authority. Your own assessment that you know little does not cancel the call.

If in doubt, ask how the call should be understood and what facilities are needed if you are ill, need an interpreter or feel unsafe. Remain available for a response. Simply requesting a different date does not automatically cancel the existing appointment. Save the final confirmation.

Suspects are subject to the right to remain silent and legal assistance

As a suspect you do not have to make a substantive statement about the suspicion. You have the right to consultation with a lawyer and to interrogation assistance in accordance with the applicable rules. Read the information about police interrogation and have the invitation assessed in advance if you have any doubts about the situation.

Don't try to choose the role of witness yourself because it sounds less serious. Your legal position follows from the investigation and the circumstances, not from the label you like. Ask the interrogator for clarity whenever questions concern your own actions or possible responsibility.

What if answers can burden yourself?

A witness may be asked questions that also affect his own possible involvement. This requires attention before you explain further without consultation. Ask in what capacity the conversation will continue and, if necessary, discuss the situation with your own lawyer. Your interests may differ from those of the person about whom you are being heard.

Legal privilege may apply to the court, including in the event of possible self-tax. The precise application must be assessed. Do not equate yourself with the suspect and do not use a possible right of non-disclosure as a general exemption to ignore every formal summons. The judge will assess questions about this.

Family relationship and professional secrecy may be important

Certain family relationships or professional secrecy may provide grounds for non-disclosure. This concerns specific legal situations. The fact that you know someone, work with him or want to protect him is in itself insufficient to establish that you do not have to answer. Describe the relationship or profession in detail to your advisor.

Ask in advance how to present such a point to the judge. A right not to answer certain questions and the obligation to appear are different topics. Do not share confidential professional information in detail in advance to explain why you cannot explain it; first ask how confidentiality is assessed.

Prepare your memory without creating a shared story

You can save existing calendars, messages or other personal data and write down what you remember. Indicate whether a time comes from your memory or from a document. Discuss the distinction when heard. Careful preparation is aimed at accuracy, not at practicing one conclusive version.

Do not agree with other witnesses what everyone should testify. This can later make it unclear which observation was originally yours. Keep original data and do not change anything to better align events. Ask the practitioner or lawyer how relevant documents can be provided.

Read the recorded statement and keep track of next steps

Ask how your statement is recorded and how you can check its contents. Point out missing nuances, an incorrect name or the impression that a suspicion has been written down as fact. Make it clear if you don't understand something. Care at that moment will help prevent misunderstandings about the content later.

Save the contact details and note whether a next call is expected. Safety concerns or language problems deserve separate attention. If you initially received an invitation for police questioning and your position has changed, please have it reassessed as to what rights and preparation are now required.

• Check sender, subject and your stated capacity.
• Ask whether the appointment concerns a police interview or formal judicial interrogation.
• Discuss possible self-tax, family relationship or professional secrecy in advance.
• Save your own data and separate memory from information of others.
• Ask how to check the recorded statement.