What happens if I miss a trial for a minor offence or a court summons?

What happens if you do not go to a trial for a minor offence is a common question when the summons arrives at a bad time. The answer depends on two things: in what capacity you are being summoned (accused, complainant, suspect or witness) and in which type of proceedings.

The consequences depending on how you are summoned

If you are the accused in a trial for a minor offence

Article 971 LECrim is clear: the unjustified absence of the accused does not suspend the hearing or the decision in the trial, provided it is established that they were summoned with the legal formalities. It is only suspended if the judge, of their own motion or at the request of a party, considers the accused’s statement necessary.

That is why the summons warns you that the trial may be held without you (articles 962.1 and 964.3). If you do not go, the judge will only hear the other side.

A reassuring point: no one can be arrested for a minor offence unless they have no known address and do not provide sufficient bail (article 495). The real risk is a conviction without your defence.

If you live outside the court’s district

Article 970 gives you an alternative: if you live outside the court’s district, you are not obliged to attend. You can send the judge a written submission with your arguments and authorise a lawyer or court representative (procurador) to present those arguments and your evidence at the trial.

If you are the complainant or the injured party

If you do not attend without giving a valid reason, the judge can fine you between 200 and 2,000 euros (article 967.2).

Some minor offences are only prosecuted if the injured party makes a complaint: for example, minor threats (article 171.7 of the Criminal Code), minor coercion (article 172.3) or minor injuries and assault without injury (article 147.2 to 4). If the prosecutor does not attend the trial, the complainant’s statement affirming the facts is what counts as the prosecution case (article 969.2 LECrim). If you do not go, there may be no one to sustain the charge and the trial may end without a conviction.

In these minor offences, your express forgiveness before judgment also extinguishes the accused’s liability (article 130.1.5 of the Criminal Code), with exceptions for victims who are minors or who have a disability requiring special protection.

If you are a suspect in a speedy trial or an abbreviated procedure

Here the consequences are more serious. If you are summoned to the duty court as a suspect in a speedy trial (juicio rápido) and you do not appear, the judge can apply article 487 (article 797.1.3): if the person summoned neither appears nor gives a legitimate reason, the order to appear may be converted into an arrest warrant. The same applies in preliminary proceedings (diligencias previas). We explain this in more detail in summoned as a suspect: what to do.

If, in addition, your whereabouts are unknown, the court can issue requisitions for you to be summoned and searched for, which is what is commonly called a search and arrest warrant (orden de busca y captura) (articles 784.4 and 835 LECrim).

And if I do not attend the trial itself?

At the trial for a criminal offence, the presence of the defendant and their lawyer is mandatory (article 787.1). It can only be held in your absence if all of these requirements are met:

• You were summoned in person or at the address, or through the person, you designated when you gave a statement as a suspect (article 775).
• The prosecutor or the prosecuting party requests it, your defence is heard and the judge considers there is sufficient material to try the case.
• The most serious sentence sought does not exceed 2 years’ imprisonment, or 6 years if it is another type of penalty, or is a fine, and the total prison sentences sought do not exceed 5 years.

If you are convicted in your absence, you can apply to have the judgment set aside once you become aware of it (article 793). If those requirements are not met, the trial is suspended and a search for you is ordered.

If you are summoned as a witness

Anyone residing in Spain, whether Spanish or foreign, is obliged to respond to a court summons to give evidence as a witness if properly summoned (article 410 LECrim). If you do not attend the first summons and are not prevented from doing so, article 420 provides for a fine of 200 to 5,000 euros. If you persist, the police can bring you before the judge and you can be prosecuted for obstruction of justice.

That offence, under article 463.1 of the Criminal Code, is punishable by 3 to 6 months’ imprisonment or a fine of 6 to 24 months for anyone who, having been properly summoned, fails to appear without good cause in a case where the defendant is in pre-trial detention and thereby causes the trial to be suspended. If the defendant is not in custody, the penalty is a fine of 6 to 10 months, but only where the person fails to appear for a second time after being warned.

What to do if you cannot attend

1. Tell the court as soon as possible. Submit a written statement with the reason and supporting evidence (a medical certificate, a letter from your employer, travel tickets). The law only penalises those who fail to appear without good cause.
2. Ask for a postponement. If the reason is valid, the court may set another date: in a trial for a minor offence, within the following 7 days (article 968). Do not assume it will be granted: the court assesses the reason, so wait for its reply.
3. If you live elsewhere, use article 970. For a minor offence, you can send your written defence and authorise a lawyer or court representative to represent you at the trial.
4. Ask about videoconferencing. Since 2024 the law provides for remote attendance if the court has the means, and the summons must inform you of this (article 258 bis). If you live in the same district, you will have to attend in person unless there is a justified reason, and if you decide not to attend at the court building you must give at least 5 days’ notice.
5. If you have already missed it, do not wait. A lawyer can go with you to the court, justify your absence and ask for the arrest warrant or requisition to be cancelled.

Summonses and trials for minor offences in Alicante

Following Organic Act 1/2025, trials for minor offences are held by the Investigating Sections of the Court of First Instance (Secciones de Instrucción del Tribunal de Instancia), the former investigating courts, of each judicial district (article 14 LECrim). According to the Generalitat Valenciana directory, the Alicante Investigating Section and the Duty Court are at Avenida de Aguilera, 53. The court buildings in the rest of the province are listed in our guide to the criminal courts of Alicante. The address that counts is the one on your summons.

If you are a tourist or a foreign resident and have already returned to your country, we prepare the article 970 written submission, provide the evidence and represent you at the trial, and our team will assist you in English. Celeste Pérez Bleda has more than 20 years’ experience in criminal law. To find out what the trial is like, read how a speedy trial for a minor offence works, and if you are worried about the time limits, how long a speedy trial takes. If the summons relates to your partner or former partner, see our gender violence website.

Frequently asked questions

Can I be convicted if I do not go to the trial for a minor offence?

Yes. If you were summoned with the legal formalities and you do not attend without good reason, the trial goes ahead and the judge can convict you on the other side’s evidence (article 971 of the Criminal Procedure Act). It is only suspended if the judge considers your statement necessary. If you live outside the court’s district, you can send a written submission and a lawyer in your place.

What is the fine for not attending a trial as a witness?

In a trial for a minor offence, the fine for failing to appear without good cause is 200 to 2,000 euros (article 967.2 LECrim). In other criminal cases, a witness who does not attend the first summons faces a fine of 200 to 5,000 euros (article 420) and, if they persist, being brought in by the police and prosecuted for obstruction of justice.

What happens if I report something and then do not go to the trial?

You may be fined between 200 and 2,000 euros if you do not justify your absence. In addition, for minor offences that are only prosecuted on complaint, such as minor threats or coercion, if the prosecutor does not attend, your statement is the prosecution case (article 969.2 LECrim). If you do not go, there will probably be no conviction for lack of a prosecution.

Can I be arrested for not attending a court summons?

For a minor offence, no: article 495 LECrim prohibits arrest for minor offences unless the person has no known address and does not provide bail. However, if you are summoned as a suspect for a criminal offence and you neither appear nor justify your absence, the judge can convert the summons into an arrest warrant (article 487) and, if you cannot be found, issue a requisition for your search.

If you have a summons and do not know whether you can miss it, or you have already missed it and are worried about what might happen, tell us. We review your summons and tell you what the risk is. Our team will assist you in English. You can see how we work on our page for a speedy trial lawyer in Alicante and, if you are summoned as a suspect, on our page for a lawyer for summonses as a suspect. Message us on WhatsApp at 607 449 491, 24 hours a day: we will reply straight away.