Lawyer for a court summons as a suspect in Alicante

What being summoned as a suspect means

A summons as a suspect (citación como investigado) is a notice from a court calling you to make a statement because, in criminal proceedings, you are alleged to have committed an act that could be an offence. In 2015 the word «investigado» replaced «imputado», precisely to make clear that it does not imply guilt.

The summons normally comes from the Investigating Section of the Court of First Instance (Tribunal de Instancia), formerly the investigating court (juzgado de instrucción), following a complaint, a private criminal action (querella) or a police report. The law requires the person concerned to be informed when a complaint or private criminal action against them has been admitted (Article 118.5 of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal) and provides that the suspect must be summoned only to be heard, unless their arrest is warranted (Article 486).

Being a suspect does not make you guilty and does not give you a criminal record: only a final conviction is entered in the register. You are still protected by the presumption of innocence. But whatever you say in that first statement stays in the case file and may carry weight at trial.

What you should do as soon as you receive the summons:

• Note the date, time and court, and the case number shown on the document.
• Don’t contact the complainant or any possible witnesses to talk about the matter.
• Keep any messages, emails, contracts, invoices or photographs related to the events. Don’t delete anything.
• Don’t post anything about the case on social media.
• Consult a criminal lawyer early enough for them to review the case file before you make a statement.

Your rights as a suspect

Article 118 of the Criminal Procedure Act recognises, among others, the following rights:

• To be informed of the acts attributed to you and of any relevant change in the investigation.
• To examine the case file in advance and, in any event, before making a statement.
• To appoint a lawyer freely or to request a duty lawyer and free legal aid.
• To free translation and interpreting.
• To remain silent, not to make a statement and not to answer any particular question.
• Not to incriminate yourself and not to plead guilty.

At the first appearance, the judge informs you of the facts and you may speak privately with your lawyer before and after making your statement (Article 775). You will also be asked for an address in Spain for notifications. Be careful: if you subsequently fail to receive summonses at that address, in some cases the trial may be held in your absence.

Suspect or witness? The difference matters

A witness is obliged to attend and to tell the truth, under oath or affirmation, and may commit the offence of perjury (falso testimonio) if they lie (Articles 410 and 433). A suspect, by contrast, is not obliged to incriminate themselves and may remain silent.

Sometimes a person is summoned as a witness in a case in which they could end up implicated. If this applies to you, consult us before making a statement: it may be advisable to ask to be summoned as a suspect, with a lawyer.

Preliminary proceedings: how the case progresses

Most cases are dealt with under the abbreviated procedure (procedimiento abreviado), which applies to offences punishable by up to nine years’ imprisonment (Article 757). The investigation stage is called preliminary proceedings (diligencias previas). During this stage the judge gathers the necessary evidence: statements, expert reports, documents or analysis of devices.

The investigation has a maximum time limit of twelve months from the opening of the case. The judge may order successive extensions of up to six months each, always by a reasoned order and before the time limit expires (Article 324). Keeping track of those time limits is part of the defence.

During this stage the lawyer can propose investigative steps that work in your favour: witnesses, experts, documents or recordings. In corporate offences, the legal entity itself may also be investigated; we explain this on our page on criminal compliance.

How we prepare your statement

We have provided more than 1,200 criminal strategy consultations. This is how we work when you receive a summons:

1. We study the summons and request access to the case file: complaint, police report, reports and investigative steps taken.
2. We meet with you, without rushing, to hear your version and the documents or witnesses that support it.
3. Together we decide on the strategy: make a statement, answer only your lawyer’s questions or exercise your right not to make a statement.
4. We prepare your statement so that it is clear, consistent and free of contradictions.
5. We go with you to court and take part in the statement.
6. We propose defence investigative steps and apply for the case to be dismissed where there are grounds for it.

If the complaint against you is false, as well as defending you, subsequent action may be considered. We deal with this on our page on false accusations.

What can happen after you make your statement

When the judge considers that the investigation is complete, they issue an order containing one of the following decisions (Article 779):

• Dismissal (sobreseimiento): the case is closed because the act is not an offence or has not been sufficiently substantiated.
• Trial for a minor offence, if the act is of lesser importance.
• Continuation as an abbreviated procedure: the indictment stage opens, followed by the trial. This decision requires that you have previously given a statement as a suspect.
• Early plea agreement: if, with your lawyer, you admit the facts and the sentence falls within the limits of a speedy trial, the case may end with a one-third reduction of the sentence.

Many of the judge’s decisions during the investigation can be appealed: an application for reconsideration (recurso de reforma) within three days and an appeal (recurso de apelación) within five (Articles 211 and 766). We explain this on our page on criminal appeals. If you are arrested rather than summoned, see our page on assistance if you are arrested.

If the case concerns gender-based or domestic violence, see our specialist website abogadaviolenciadegenero.com.