You are sitting quietly at home and suddenly the doorbell rings. It is a postman bringing you a registered letter. When you open it, you realise that it is a summons summoning you to appear in court as a defendant in criminal proceedings.

At this point, you are likely to feel uneasy and anxious. However, you should remain calm and explore your options, for example, by reading what we are going to tell you here. You will find a lot of information of interest to you about the summons you have just received.

What is a summons?

A summons is an official notification issued by a court of law which contains an order addressed to a specific person to appear on a specific date and at a specific time at the court's premises. In this case, it must be addressed to a person under investigation, although it can also refer to an expert, a complainant, a plaintiff or a witness.

However, the figure of a person under investigation is only included in criminal proceedings, so the summons must be issued by a criminal court. Specifically, this figure is the one that replaced that of "imputado" in the last reform of the Criminal Code and refers to a person suspected of having committed or having participated in the commission of a crime and, therefore, is being investigated by a judge.

Information that must appear in the summons as a person under investigation

You already know what a subpoena is, so now we are going to express the essential elements that must appear in it:

• The criminal court issuing the summons and the decision by which it was issued.
• Name, surname and address of residence of the person under investigation.
• The date.
• The procedure for which the subject is being investigated.
• Reason for the summons.
• Day, time and judicial headquarters to which the person under investigation must go.
• Warning that he/she is obliged to attend the summons and the judicial consequences that he/she will suffer if he/she does not do so.

What happens if you are not at home?

It is possible that you are not at home when the postman arrives at your address. In this case, you can leave the notification with any resident or neighbour who is over 14 years of age. All of them are obliged to notify the person being investigated of the summons. If they fail to do so, they may be fined.

It can also happen that the person under investigation does not have a registered address. In this case, the judge has to use all available means to notify the person under investigation. All of this falls under article 24 and its different subsections of the Constitution, which refers to effective judicial protection, the presumption of innocence and the right to defence.

The rights of the person under investigation

The criminal court summons will require the person under investigation to make a statement to a judge in relation to a crime of which there are suspicions of their authorship or involvement. In this sense, the subject has the right not to confess guilt, not to testify against himself and to provide all the evidence at his disposal that may serve to prove his innocence. Obviously, he will also have the right to legal assistance for the person under investigation, either by hiring a lawyer at his own expense or through the assignment of a court-appointed lawyer.

The hearing should be public and not be delayed for undue delay. This is essential in order to prevent the person under investigation from falling into a situation of defencelessness.

Consequences of being summoned before the criminal court

The summons may be issued for proceedings related to any of these types of criminal offences:

• Minor offences: at the request of a party, unless the offence is related to gender violence. The summons may be due to the need to testify before a judge on duty or to appear for a speedy trial.
• Crimes that initiate abbreviated proceedings: these are those that, at most, carry sentences of 9 years' imprisonment.
• Crimes that initiate ordinary proceedings: those that carry sentences of more than 9 years' imprisonment.

In the latter two cases, the person under investigation will, in the first instance, testify before the investigating judge in the case and, unless he orders his remand in custody, he will receive another notification to appear again when the oral phase is opened.

What happens if the person under investigation does not attend the summons?

The consequences will depend on the type of offence for which you are being investigated:

• Misdemeanour proceedings: fine of between €200 and €2000 (Article 967.2 of the Code of Criminal Procedure).
• Summary or ordinary proceedings: fine of between €200 and €5000 in the case of the first summons (Article 175.5 of the Code of Criminal Procedure). If you fail to attend after the second summons, you will be charged with obstruction of justice (Article 463.1 of the Criminal Code). In addition, this summons can be converted into an arrest warrant at that moment.

These consequences will occur as long as the person under investigation cannot provide a reason for not appearing (serious health problem, death of a family member, etc.). However, his or her absence does not, in any case, lead to a trial and the issuing of a judgment declaring him or her guilty or, less likely, innocent. After all, it is difficult for a person who does not appear at the trial for a crime of which he or she is accused not to be found guilty by not exercising his or her right to legitimate self-defence.

Is it compulsory to be accompanied by a lawyer at the summons?

It depends. In proceedings for minor offences, the law does not stipulate that it is compulsory for the person under investigation to appear at the summons accompanied by a lawyer. However, it is highly recommended that you make use of a legal aid service for the person under investigation, as this professional will be the best person to defend your interests and establish an appropriate defence strategy.

However, in the case of summonses for those crimes that involve the opening of an abbreviated or ordinary procedure, it is not only compulsory to appear with a lawyer who will exercise the legal defence of the accused, but also with a solicitor who will be responsible for his or her legal representation.

In short, contrary to what many people think, a court summons is nothing more than a summons that facilitates the right to legitimate defence of the person under investigation in criminal proceedings. Thanks to it, you can go to court, receive legal advice, give your version of events and provide all the evidence you deem appropriate to prove your innocence.