Before the interrogation begins, it must first be checked whether translation assistance is required. The accused is then informed of the crime for which he is suspected and is informed of his right to refuse to testify and his right to have a defense attorney present. The accused must also be informed that his statement is for his defense, but can also be used as evidence against him.
The questioning begins with the accused being asked about his personal circumstances. This concerns the first name and surname, including all names that were previously used, place and date of birth, nationality, first name of parents, address, profession and all other personal circumstances, if this is required.
After the questioning about personal circumstances, the actual questioning relating to the accusation takes place. This is initiated by giving the accused the opportunity to give a coherent account of the accusation. Subsequently, there may be additional questions. For particularly difficult questions, which cannot be answered without special expertise, the interrogated person has the right to express himself in writing within a reasonable period of time. In principle, however, the interrogation will take place orally. Long interrogations must be interrupted at regular intervals.
In order to ensure a fair trial, the Code of Criminal Procedure stipulates a number of inadmissible methods of interrogation. For example, no promises or pretenses may be made, or threats or means of coercion used, in order to obtain a confession or to persuade the accused to make a statement. In particular, the free will decision must not be impaired. For example, the use of lie detectors or hypnosis techniques is inadmissible.
Questions directed at the accused must be clear and understandable. Suggestive questions are also to be avoided as a rule and may only be asked if they are necessary for understanding the context. If suggestive questions are asked, they must be recorded.
