If you have been summoned as a suspect (investigado), a judge is examining whether you took part in an offence, but you have not been charged or convicted. Article 118 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim) gives you the right to know what you are accused of, to examine the case file before giving a statement, to have a lawyer and to remain silent. You must attend: if you fail to appear without good reason, the judge can order your arrest (article 487). The sensible course is to speak to a criminal lawyer before the date.
If you have been summoned as a suspect, it is natural to be worried. The word sounds serious and the summons rarely explains much. We tell you what it means, what rights you have, how to prepare your statement and what may happen next, so that you arrive at court knowing what to expect.
What being summoned as a suspect means
“Suspect” (investigado) is the status of the person to whom an act that could be an offence is attributed while the judge investigates it. Until 2015 the term was “imputado”; Organic Act 13/2015 changed it to avoid the stigma. Being summoned in this capacity means that there is a complaint, a private criminal complaint (querella) or a police report that mentions you, and the judge wants to hear your side of the story.
It does not mean you are considered guilty. You are still protected by the presumption of innocence under article 24.2 of the Constitution, which can only be overturned by sufficient incriminating evidence at trial. We explain this in detail in what the presumption of innocence is and how it applies in Spain.
In fact, being summoned as a suspect is a safeguard: article 118.5 requires the person to whom the offence is attributed to be told that proceedings exist precisely so that they can defend themselves from the outset.
Suspect, witness and detainee: the differences
| Suspect | Witness | Detainee | |
|---|---|---|---|
| Situation | A possible offence is attributed to them | Knows something about the facts, but nothing is attributed to them | Held by the police, for a maximum of 72 hours |
| Obliged to give a statement? | No: can remain silent | Yes, subject to legal exemptions | No: can remain silent |
| Swears to tell the truth? | No | Yes (article 433) | No |
| Lawyer | Yes, present during the statement | Not required | Compulsory, with exceptions for traffic offences |
| If they fail to attend | The summons can become an arrest warrant (article 487) | A fine of €200 to €5,000 and possibly being brought in by the police (article 420) | Not applicable |
If you are under arrest, the situation is different and urgent: see our service as a 24-hour lawyer for people arrested in Alicante.
Your rights as a suspect (article 118 LECrim)
Article 118.1 of the Criminal Procedure Act lists the rights you must be told about, in plain language and without delay:
- To know what you are accused of, in enough detail to defend yourself, and to be told of any significant change in the investigation.
- To examine the case file in advance and, in any event, before giving a statement.
- To appoint a lawyer of your choice or ask for a duty lawyer and free legal aid if you meet the requirements.
- A free interpreter and translation if you do not understand Spanish.
- To remain silent, not to give a statement or not to answer some questions.
- Not to incriminate yourself and not to plead guilty.
In addition, you can speak to your lawyer in private before and after giving a statement (articles 118.2 and 775), and those conversations are confidential. Your lawyer will be present during your statement.
There is one exception to access to the case file: if the judge has declared the case secret (article 302), for a maximum of one month, you may not see everything until the secrecy is lifted.
Do you have to attend? What happens if you do not turn up
Yes, you must attend. Article 486 states that the suspect is summoned “only to be heard”, but article 487 adds that, if you do not appear and do not show good cause, the summons can be converted into an arrest warrant. In other words, the police could arrest you to bring you before the judge.
If, in addition, you cannot be found at your address and your whereabouts are unknown, the judge can issue a requisition to search for you, known as a search and arrest warrant (orden de busca y captura, article 835), and declare you in default (rebeldía) if you do not appear within the time set (article 839).
Attending does not oblige you to give a statement: you can turn up with your lawyer and exercise your right not to. If you have a genuine impediment (illness, a documented trip), your lawyer can justify it and ask for a new date.
Important: do not let the summons date pass and do not attend without first reading what there is against you. You have the right to examine the case file before giving a statement, and your lawyer can request it from the court as soon as you instruct them.
How to prepare your statement
- Find a lawyer as soon as possible. Call them as soon as you receive the summons, not the day before. They need time to come on record and request a copy of the case file.
- Read the case file with them. The complaint, the police report, the witness statements and the reports. Only then will you know exactly what is being attributed to you.
- Decide whether to give a statement. Sometimes it is best to give your version and provide evidence; at other times it is better to stay silent until you know all the evidence. We explain this in can I refuse to give a statement as a suspect?
- Gather documents and witnesses. Messages, invoices, receipts, locations or people who can confirm what you say.
- Do not discuss the case with third parties. Not with the complainant, not on social media and not by message: everything can end up in the case file.
On the day, the judge informs you of the facts and your rights, and asks whether you wish to give a statement. If you do, the judge, the prosecutor, the prosecution parties and your lawyer ask questions in turn. Questions must be direct, never misleading or leading (article 389), and you can explain anything you consider useful for your defence (article 396). At the end you will be asked to give an address in Spain for notifications (article 775): this is important, because later summonses will be sent there.
What happens after you give a statement
In most cases the matter continues as preliminary proceedings (diligencias previas) under the abbreviated procedure, which applies to offences punishable by up to nine years’ imprisonment (article 757). The investigation has a maximum time limit of twelve months, which can be extended by periods of up to six months (article 324). At the end, the judge can decide (article 779):
- Dismissal (sobreseimiento): the case is closed if the act is not an offence or is not sufficiently established. It may be definitive (libre) or provisional (it is reopened if new evidence emerges).
- Abbreviated procedure: if the judge sees evidence of an offence, the case is passed to the prosecutor and the prosecution parties so that they can bring charges or ask for dismissal (article 780), and the trial is held before the Criminal Section (Sección de lo Penal) or the Provincial Court (Audiencia Provincial).
- Speedy trial: if you admit the facts before the judge, assisted by your lawyer, and the sentence falls within the limits of article 801, the case can be redirected to a speedy trial (juicio rápido) so that you can accept a plea agreement with a one-third reduction (article 779.1.5.ª).
Orders of the investigating judge can be challenged by way of reconsideration (reforma) and appeal (apelación); an appeal must be lodged within five days (article 766). For example, you can appeal an interim measure or the decision to continue with the proceedings. We cover this on our page on criminal appeals in Alicante.
Where suspects give statements in Alicante
Since 31 December 2025, under Organic Act 1/2025, the province’s former investigating courts are the Investigating Sections of the Court of First Instance (Secciones de Instrucción del Tribunal de Instancia) in each judicial district. Your summons will state which one is yours and its number.
According to the Generalitat Valenciana’s official directory of judicial bodies, these are some of the Investigating Section locations:
- Alicante: Avenida de Aguilera, 53.
- Elche: Calle Abogados de Atocha, 21.
- Benidorm: Avenida Comunidad Europea, s/n.
- Torrevieja: Calle Patricio Zammit, 50.
- Orihuela: Plaza Santa Lucía, s/n.
The other judicial districts (Alcoy, Dénia, Elda, Ibi, Novelda, San Vicente del Raspeig, Villajoyosa and Villena) are listed in our guide to the criminal courts in Alicante. In any case, the address that counts is the one on your summons.
At our firm we request the case file as soon as you instruct us, study it with you and accompany you when you give your statement. Celeste Pérez Bleda has more than 20 years of criminal law practice and more than 1,200 consultations behind her. Our team will assist you in English. If the summons relates to a gender violence matter (with your partner or former partner), we deal with it on our website specialising in gender violence.
Frequently asked questions
Does being summoned as a suspect give me a criminal record?
No. A criminal record is only created by a final conviction, which is entered in the Central Register of Convicted Persons (Registro Central de Penados). Being a suspect means the judge is looking into certain facts, and the case may be dismissed without consequences. While the investigation lasts you remain protected by the presumption of innocence under article 24.2 of the Constitution.
Can I give a statement as a suspect without a lawyer?
No. Once an offence is attributed to you, the assistance of a lawyer is required (article 767 of the Criminal Procedure Act), and article 118 requires them to be present at all your statements. If you do not appoint a lawyer of your choice, a duty lawyer will be assigned. Ideally, contact your lawyer before the date so that they can study the case file with you.
Can I be arrested on the day I go to give my statement as a suspect?
It is uncommon, but possible. After the statement, the prosecutor or the prosecution parties may ask for interim measures, such as remand in custody, which the judge decides at a specific hearing with your lawyer present. In most cases the suspect leaves free, sometimes with obligations such as reporting to the court periodically or a restraining order.
How long does a case in which I am a suspect take to resolve?
It depends on the matter. The investigation has a maximum time limit of twelve months from when the case is opened, which can be extended by periods of up to six months (article 324 of the Criminal Procedure Act). A simple case may be dismissed within a few months; one with many investigative steps, expert reports or letters rogatory can take longer.
Can I see the complaint before giving a statement?
Yes. Article 118.1.b) recognises your right to examine the case file sufficiently in advance and, in any event, before your statement is taken. Your lawyer will request a copy from the court. The only exception is if the judge has declared the case secret, which article 302 limits to one month and which must be ordered by a reasoned decision.
If you have received a summons as a suspect, message us on WhatsApp before the date. Our team will assist you in English. We study the case file with you and accompany you through our service as a lawyer for suspects summoned to court in Alicante. We are available 24 hours a day on WhatsApp at 607 449 491.
Legal basis and sources
- Criminal Procedure Act: arts. 118, 302, 324, 389, 396, 420, 433, 486, 487, 757, 766, 767, 775, 779, 780, 835 and 839
- Spanish Constitution: art. 24.2
- Organic Act 13/2015 amending the Criminal Procedure Act
- Organic Act 1/2025 on measures for the efficiency of the Public Justice Service
- Generalitat Valenciana: Investigating Section of the Alicante Court of First Instance
