Called as a witness in a Spanish criminal case

Key rules

• Summons: A witness summons is mandatory unless you are exempt or can prove a serious reason such as illness.
• Exemption: Close relatives of the defendant need not testify, but once they do, they must tell the truth.
• Sanctions: Ignoring the summons can bring a fine, police escort to court or a disobedience charge.
• Compensation: You can claim justified travel, stay and lost earnings from the court that summoned you.

Do you have to go?

Yes. If you live in Spain and a court summons you as a witness in a criminal case, you must attend and tell the truth. The only way out is a legal exemption or a proven serious reason, such as illness.

The summons is called a citación. The court or the investigating judge issues it, usually in writing. It is served by the court, increasingly by electronic notice or through the police. It states the date, the place and what happens if you don't attend. Check it for deadlines and the court's contact details.

If you live abroad, the duty does not bind you in the same way. The court may question you through judicial cooperation or by videoconference.

What you do at the hearing

Before you testify, you swear or promise to tell the truth. The judge warns you of the penalty for false testimony. You can refuse to answer a question only if the answer would incriminate you.

Who is exempt

You do not have to testify if you are the defendant's:

• parent, grandparent, child or grandchild (including adoptive relatives)
• spouse or equivalent stable partner
• sibling, or another blood relative up to the second degree

The judge must tell you about this right. If you choose to testify anyway, you must tell the truth. The exemption can be limited when the relative is the victim of the offence, for example in gender violence cases. The judge decides in those cases.

Lawyers and procuradores cannot be forced to testify about facts they learned from clients. Priests and ministers of religion are protected by confession secrecy. Other professional secrets, such as those of doctors or journalists, are recognised in some forms. Ask the court whether yours applies.

Certain officials and diplomats with immunity have special rules, such as testifying in writing or at their office. Minors and people with incapacity can testify with safeguards.

What happens if you ignore it

• Not turning up without a good reason: you can be fined, and the judge can order the police to bring you. If you persist after a warning, you can be prosecuted for serious disobedience (desobediencia grave a la autoridad).
• Refusing to testify when you are not exempt: this can also be punished as disobedience.
• Lying: false testimony (falso testimonio) is a crime. It carries a prison term and a fine, and heavier penalties if it harms the defendant.

If illness or another serious reason stops you, tell the court before the date and send proof, such as a medical note.

Getting your costs back

You have the right to be reimbursed for justified travel and stay costs, and for earnings you lose by attending. Make the claim to the court that summoned you, normally at the hearing or just after. Bring proof of the expenses and a certificate from your employer or other evidence of lost income. The amounts depend on your documented costs and official scales, so ask the court for the current figures.

The documents list and checklist below cover what to bring and do.

Documents you need

• Your summons (citación), issued by the court or investigating judge, which states the date, place and consequences of not attending. Keep it with you when you attend.

• Proof of your travel and stay expenses, such as tickets or receipts, if you want them reimbursed.

• A certificate from your employer, or other evidence of lost income, if you lose earnings by attending.

Check with the court that issued your summons which proof it accepts for expenses and lost income.

Checklist

• Read the summons for the date, place and consequences of not attending, and keep it with you.

• Check whether you are exempt, for example as a close relative of the defendant, a lawyer, or a priest.

• Tell the court in advance, with proof such as a medical note, if illness or another serious reason stops you attending.

• Attend on the date and place stated, ready to take an oath or promise to tell the truth.

• Keep receipts for travel and stay, and ask your employer for a certificate of lost earnings.

• Ask the court clerk for your expenses and lost earnings at or just after the hearing.

What to watch out for

• Ignoring the summons: If you do not appear without a valid reason, you can be fined and the police can bring you to court. If you persist after being warned, you can be prosecuted for serious disobedience to the authority. Attend, or tell the court before the date and prove your reason, such as illness or force majeure.

• Refusing to testify when you are not exempt: Refusing to testify when no exemption applies can be punished as disobedience. Check before the hearing whether you are exempt, and tell the judge if you are.

• False testimony: Lying as a witness in a criminal case is a crime punished with prison and a fine, and more heavily if it harms the defendant. Say only what you know, and answer that you do not remember if that is true.

• Relying on an exemption that may not apply: The right to refuse to testify as a relative can be limited if you are also the victim, and the scope of professional secrecy depends on the judge. Ask a lawyer or the court before the hearing whether your exemption applies.

Frequently asked questions

Can I refuse to testify against a family member?

Yes, you can refuse to testify if the defendant is your spouse or equivalent partner, a parent, child or sibling, a more distant relative up to the second degree, or an adoptive relative. The judge must warn you of this right.

Can I refuse to answer a question that could incriminate me?

Yes, you can refuse to answer questions that would incriminate you, even as a witness. Lawyers cannot be forced to testify about facts learned from clients, and priests are protected by confession secrecy. Other professional secrets, such as for doctors, are recognised in different ways, so ask the judge.

What happens if I lie when giving my testimony?

Lying as a witness in a criminal case is a crime called falso testimonio, punished with prison and a fine. Penalties are heavier if the lie harms the defendant. You are warned of this before you testify.

Can I claim back my lost wages and travel costs as a witness?

Yes, you can claim travel and stay expenses and earnings lost because of attending, as long as you can justify them. Ask the court clerk that summoned you, normally at or just after the hearing.