Receiving a police summons or being informed of a criminal complaint is a momentous event. It is the moment when you officially learn that you are a party to criminal proceedings. Uncertainty and stress are normal reactions. The important thing now is to act calmly and thoughtfully.
Your role in criminal proceedings: What does the summons mean?
The summons will state which authority is summoning you (e.g. cantonal police, public prosecutor’s office) and the role in which you are to be questioned. This role determines your basic rights and obligations.
Defendant: You are accused of a specific criminal offense. As a defendant, you have extensive rights, first and foremost the right to refuse to testify completely and to consult a lawyer(see our article on the right to refuse to testify).
Respondent: You are not (yet) considered an accused. However, you are often questioned as a person providing information if the authorities cannot rule you out as a possible perpetrator or participant. Statements made in this role can later be used in full against you if you become a defendant. Caution is advised.
Witness: You may have witnessed a crime. As a witness, you are generally obliged to give evidence, but may refuse to do so if you would incriminate yourself or close relatives.
The checklist: Immediate first steps in the event of a summons
- Obtain information: Clarify exactly what it is about if this is not clear from the summons. Ask factually on the phone about the specific accusation or the subject of the interrogation.
- Make a note of the contact details: If you are summoned by telephone, you should make a note of the name, function and telephone number of the person who contacted you, as well as the date and time of the call.
- No spontaneous statements: Do not make any statements on the phone or during an unannounced visit by the police. Every statement will be documented. Remain polite but firm.
- Request a postponement: You are generally obliged to appear in person if you receive a summons. However, you do not have to attend the first available appointment. Ask for a postponement in good time so that you can obtain legal advice in advance. This is usually granted.
- Contact a lawyer: Contact a specialized lawyer immediately, even before you communicate further with the authorities or go to an appointment.
The role of the lawyer in the initial phase
The lawyer’s task at this early stage is to secure your rights and create the basis for further action. In an initial consultation, he will:
- clarify the facts with you.
- explain the course of the criminal proceedings and your specific situation.
- Explain your rights and obligations clearly.
- assess the immediate risks based on your descriptions.
- discuss the next steps with you, in particular the question of whether you should testify or not.
Legal advice: when is it necessary?
The answer is simple: whenever you come into contact with law enforcement authorities as a defendant or respondent, you should seek advice beforehand. An ill-considered statement at the beginning can hardly be corrected later and can have a negative impact on the outcome of the entire proceedings.
In many cases, you will initially have to bear the costs of this advice yourself. Whether you will later be entitled to an official (free) defense or whether the costs will be covered by the state in the event of an acquittal are questions that will be clarified in the further course of the proceedings. However, the initial investment in advice protects you from potentially far more costly mistakes.
The first strategic decision: Statements or silence?
Before any details of the case are discussed, there is a fundamental decision to be made: Do you make a statement or do you refuse to do so (as far as your role allows)?
Make a statement: Everything you say is recorded and becomes part of the files. These statements can be used as evidence for or against you. Once you have made a statement, it is very difficult to retract or significantly change it, and this greatly reduces the credibility of your statements.
Refuse to testify: As the accused, this is your right and – with certain exceptions – may not be interpreted negatively. This will save you time and allow your lawyer to develop a comprehensive defense strategy at a later point in time – ideally after reviewing the files – without being bound by previous statements.
Conclusion
The summons is usually the moment when you find out that you are a party to criminal proceedings. From this point on, every word and every action counts. Especially as a defendant, the first decision – to testify or remain silent – is of decisive importance for the entire further course of the proceedings. Do not act alone.
Our recommendation: Take advantage of an initial consultation
Have you received a summons from the police or public prosecutor’s office and want to protect yourself? Our lawyers in Winterthur specialize in criminal law and can advise and represent you in criminal proceedings
We offer a detailed initial consultation (1 hour at CHF 330), on site or via video call. We clarify the next steps together.
FAQ - Frequently asked questions: Police summons and criminal proceedings
Yes, you are legally obliged to appear at the summoning authority at the time notified (cf. Art. 205 para. 1 Code of Criminal Procedure ). If you ignore the appointment, you may be taken before the police or even fined.
However, it is often possible to postpone the appointment. As a rule, the prerequisite is that you contact the authorities in good time and express the wish for a prior meeting with a lawyer.
That depends on your role:
As a defendant: Yes, without restriction. You have the right to refuse to testify completely. No negative conclusions may be drawn from your silence.
As a respondent: As a rule, you also have the right to refuse to testify. There is an exception if you are participating in the proceedings as a private claimant (i.e. as an injured party); in this case you must testify.
As a witness: You must always testify unless you would incriminate yourself or close relatives.
Ideally, immediately after you have received the summons and before you go to the appointment. The most important decisions in criminal proceedings are made at the very beginning. An ill-considered statement made out of nervousness can hardly be corrected. An initial consultation is a small investment to avoid serious and potentially much more expensive mistakes.
The right to inspect files is a central right of defense, but practical access is crucial:
Without a lawyer: As a private individual, you may usually only inspect the files on site at a police station or at the public prosecutor’s office. As a rule, you will not receive any copies to take away; if copies can be made on site in exceptional cases, these will be subject to a charge. This means that you hardly have the opportunity to analyze the documents at your leisure.
With a lawyer: Your lawyer will receive copies of the files or send them electronically to the law firm. This is the only way to thoroughly analyze the evidence and develop a real defense strategy. Your lawyer turns a theoretical right into a powerful instrument.
Important: Access to the file is often only granted after the first hearing.
Yes, a verbal or telephone summons by the police is legally permissible (see Art. 206 para. 1 StPO ). Even if it seems less formal, such a summons is just as binding as a written one. The exact same advice applies: Remain calm, do not make any statements about the matter on the phone and ask for the summons to be confirmed in writing or at least make a note of all the important details (name of the officer, authority, reason for the summons).
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
