You were called to testify as a suspect (investigado)

Terms used

• Citación — The citación is the official court summons telling you where and when to appear and in what capacity.
• Investigado — An investigado is a person a court is investigating as a possible offender, before any formal accusation or trial.
• Abogado de oficio — An abogado de oficio is a duty lawyer assigned to you by the state, free if you qualify.
• Prisión provisional — Prisión provisional is pre-trial detention ordered by a judge before any verdict.
• Requisitoria — A requisitoria is a court order to search for and arrest an accused person who is absent.

Key rules

• Lawyer: Attend with a lawyer, your own or a duty lawyer, and speak to them privately before you say anything.
• Silence: You may stay silent or skip any question, and silence cannot legally count as an admission of guilt.
• No oath: You do not testify under oath as investigado, so you are not obliged to tell the truth, but what you say can be used as evidence.
• Not appearing: Missing the hearing without a proven reason can lead to being brought by force, detention or pre-trial detention.
• Address: You must give the court an address for notifications and appear when called.

What to do first

Take the summons seriously and attend, with a lawyer. Do not ignore it, and do not give your version of events before you have spoken to a lawyer. If you cannot afford one, you can ask to be assigned a duty lawyer (abogado de oficio).

What the summons tells you

The summons (citación) comes from the court. It states the court, the date, time and place, the case, and that you are called as investigado. It also warns about the consequences of not appearing without good cause. It states your right to a lawyer and, if you are a foreigner, your right to an interpreter.

Individuals are generally served in person at their address, through the police, or by registered mail. Delivery details vary with the court. You must give the court an address or contact for notifications. Keep it up to date, because later notices go there.

Your rights when you give your statement

Before you speak, the judge must tell you the facts attributed to you and your rights. You can:

• have a lawyer present and speak with them privately;
• stay silent, or refuse to answer some or all questions;
• refuse to confess guilt or testify against yourself;
• ask for a free interpreter and translation if you do not understand Spanish;
• ask to see the case file as needed;
• ask the judge to take evidence, and add last statements.

The statement is not given under oath. You are not obliged to tell the truth, and you cannot be charged with perjury for it. Silence cannot legally be treated as an admission of guilt. But anything you do say can be used as evidence. That is why you should agree your approach with your lawyer first. The decision block below helps you choose between staying silent, answering some questions or giving a full statement.

If you do not appear

If you were validly summoned and do not appear without justification, the judge can order that you be brought by force or detained. The judge may also impose precautionary measures, including pre-trial detention (prisión provisional) if the legal requirements are met, such as a risk of flight.

A justified absence is accepted if you prove it. Illness, force majeure or another documented impossibility counts, and the hearing is then rescheduled. Tell the court before the date and send your proof. The documents block below lists what to bring.

Trial without you

At trial, your presence is generally required. In the abbreviated procedure, a trial without you is allowed only in limited cases. The penalty sought must be under 2 years, or of another nature and not more than 6 years. You must have been duly notified, and the court must consider the evidence sufficient. Serious cases need you present. If you stay away, the court can issue a search-and-arrest order (requisitoria) and may suspend the case.

If the police question you first

Police questioning is a different step from a court summons. The checklist below covers it.

Choosing between options

How will you handle your statement as investigado?

• Stay silent completely: Fits if you have not yet spoken with your lawyer or do not know what the case file says. You use your right not to answer any question.

• Answer only some questions: Fits if your lawyer sees a point in explaining part of the facts. You may refuse any question you choose not to answer.

• Give a full statement: Fits if your lawyer has reviewed the case with you and advises you to tell your version. What you say can be used as evidence.

Do not choose until you have spoken privately with your lawyer. If you are unsure, stay silent: it cannot be treated as an admission of guilt.

Documents you need

• The summons (citación) from the court, as you received it. It shows the court, date, time, place and the case, and you need it to appear.

• Documents that prove why you cannot attend, such as a medical report for illness. You only need them if you cannot appear on the date set.

Checklist: if police ask to question you

If police ask to question you

• Ask for a lawyer before you say anything about the facts. Questioning by police should not happen without one present, apart from a few minor cases.

• Ask the police to call the duty lawyer (abogado de oficio) if you do not have your own lawyer. The call goes through the Bar Association, and the duty lawyer help during detention is free at the point of use.

• Ask for a private meeting with your lawyer before you make any statement, and again at the end of it.

• Ask for a free interpreter if you do not speak or understand Spanish well. You can have one for police questioning and for meetings with your lawyer.

• Ask for the written list of your rights (the Letter of Rights) in a language you understand. Read it, sign the receipt and keep your copy.

• Ask to be told the facts you are accused of and why you are being held.

• Use your right to stay silent. You can refuse to answer some or all questions, and you do not have to admit guilt. Staying silent cannot legally be treated as an admission.

• Give your name, identity document and personal details when police ask. Refusing to identify yourself can lead to a fine.

• Refuse to make any statement about the facts until you have spoken to your lawyer.

• Ask for a relative or another person to be told that you are held and where. If you are a foreigner, ask for your consulate to be told too.

• Ask for a medical examination if you need one.

• Ask for a translation of key documents, such as the decision to hold you, if they are not in a language you understand.

What to watch out for

• Not appearing can lead to being brought by force: If you are properly summoned and do not appear without a good reason, the judge can order the police to bring you or detain you. The judge can also impose precautionary measures, including pre-trial detention (prisión provisional) if the legal requirements are met, such as a risk of flight. Go on the date in the summons with a lawyer. If you truly cannot, tell the court before the date and send proof of the reason.

• Staying away from the case can lead to an arrest order: If you are absent, the court can issue a search-and-arrest order (requisitoria) and may suspend the case. Your case does not go away, and you lose the chance to give your side. Keep your address for notifications up to date with the court and answer every notice through your lawyer.

• What you say can be used as evidence: If you choose to speak, your statements can be used against you. Staying silent cannot be treated as an admission of guilt. Speak privately with your lawyer before the hearing and decide together what, if anything, you will answer.

Frequently asked questions

What does a summons as investigado say?

A summons as investigado names the court, the date, time and place you must appear, the case, and that you are called as investigado (suspect).

How will the court deliver the summons to me?

The court usually delivers the summons to you in person at your address, through the police, or by registered mail. The exact method varies by court.

Do I have to tell the truth when I give my statement to the judge?

No, an investigado does not have to tell the truth, because the statement is given without an oath and cannot be treated as perjury. You still keep the right to stay silent and not to testify against yourself. Talk through what to say with your lawyer first.

What if I cannot attend the hearing because I am ill?

A justified absence, such as illness or force majeure, is accepted if you can prove it, and the hearing is rescheduled. Tell the court and your lawyer before the date, and keep the documents that prove why you cannot come.

Can the trial go ahead if I am not there?

Sometimes, but only in limited cases in the abbreviated procedure. You must have been properly notified, the penalty sought must be under 2 years (or of another kind and no more than 6 years), and the court must consider the evidence sufficient.