Meaningful silence, or why one never to debt reproaches state hastily should

RA Marc of hard one, attorney, specialist lawyer for criminal law, specialist for traffic criminal law (openPR) - does an accusing of have to answer in the context of a preliminary investigation to questions of the police On this question there is a clear answer: No, because the accused one of does not have to give data in relation to the police, even if one hears again and again that at the police data must be given.
If someone from its being silent right makes use, he notices a fundamental right, because nobody must load itself and participate in its own transfer. Therefore the accused one of, which many do not know, does not have to respond also to a police charge.

The silence in relation to the police to a reproach does not represent granting the act against the landläufigen opinion and also of the public prosecutor's office or the court as confession of the act is not rated. Silence does not affect itself as disadvantage for the accused one of, even if this is often suggested.

Only the accused one of must give personal data (pre, family or birth name, the place and day of its birth, family status, occupation, residence, nationality); if it does not make it, this represents one with fine irregularity which can be punished. In principle applies: Without knowledge of document contents one should not express oneself to the thing. The risk that one loads oneself by (allegedly) an exculpatory statement, or involved into contradictions, is often much larger than the chance successfully to relieve itself without knowledge of document contents. Finally is to be held: Only, who knows the reproach raised against it - does not go and usually without knowledge of contents of the determination document - can to it in the context of the defense react accordingly.

Therefore each accused one of should not give data in relation to the police, even if in the act surprises, the thing, if necessary can the accused one of communicate, he will express himself over (those which can be still designated) a defender to the thing.

Marc of hard ones
Attorney
Specialist lawyer for criminal law/specialist for traffic criminal law
Louis road 84
61348 bath Homburg
Tel. (06172) 66 28 00/emergency call: 0171-691 6767
Fax (06172) 66 28 01
E-Mail: verteidigung@strafrechtsfragen.de

RA Marc of hard ones is engaged in the criminal law. It is member in the working group criminal law of the German lawyer association, in the combination of hessian defence counsels and in the working group traffic law of the German lawyer association. RA Marc of hard ones is further member with the lawyer emergency service in criminal actions (defence counsel emergency service) Frankfurt lawyer association. Correspondence languages are English and French. For further languages translator is available. The defenses in criminal cases are limited not to a court district, but take place in the entire area of the Federal Republic of Germany.

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