When you receive a criminal summons, check the capacity in which you are being called, the authority before which you must appear and the purpose of the appearance. A witness and a person under investigation have different legal positions. The complete document, including its warnings, is necessary to know how to prepare.
Read and keep the summons
Check the identity details, case number, date, time and place or method of appearance. Keep the notification and communicate any inability to attend through the appropriate channel. Failing to attend without a properly processed justification may have consequences.
If the capacity in which you are summoned is unclear, it must be clarified with the authority or through professional assistance. An informal call from another person involved does not replace what is stated in the official communication.
If you appear as a person under investigation
A person under investigation has rights to defence, information and legal assistance, together with the right not to testify against themselves and not to confess guilt on the terms provided by law. Preparation requires knowledge of the alleged facts and the available information.
It is unwise to improvise a statement or follow an account suggested by someone else. The defence must be able to assess documents, possible evidence and the exercise of rights according to the specific case.
If you appear as a witness
The general rule includes duties to attend and give evidence in accordance with the law, subject to exceptions and exemptions whose conditions and scope must be checked. A family relationship with someone involved does not automatically mean that a person should never give evidence.
Article 416 and other rules provide conditions that need to be examined. If a question could affect you personally, or you think your position may change, it is necessary to inform the appropriate person and seek advice. Do not simply apply every rule governing a person under investigation to a witness.
Prepare for the appearance carefully
Organise the facts you know directly and distinguish them from what you were told. Do not fill gaps in your memory with assumptions. Keep original documents and messages; a partial selection may hide necessary context.
Do not agree accounts with other people or share information from the proceedings. If you need an interpreter, adjustments or protective measures, communicate this so that the request can be considered through the appropriate channel.
Frequently asked questions
If I am summoned as a witness, can I ignore it because I have done nothing wrong?
No. The obligation to respond to a summons does not depend on considering yourself responsible for an offence.
Is a family relationship enough to avoid giving evidence?
That cannot be stated without reviewing the relationship, procedural position and legal conditions and exceptions.
Does booking an appointment with a law firm suspend the appearance?
No. Only a valid decision or action through the relevant channel can change the applicable arrangements.
Our criminal law service can review the summons and documentation. This guide does not determine your specific obligations or replace the assistance required in the proceedings.
