Why foreigners get caught out
The worst reaction is to ignore the summons. Courts often cannot locate foreigners who leave Spain, so they issue a warrant to find them, which can lead to an arrest at an airport years later. The second worst is to attend as investigado without a lawyer and make a statement without knowing the evidence.
Read the summons carefully
The summons states the court, the case number, the date and time and your status. Look for the words investigado (suspect), testigo (witness) or perjudicado (victim). It may also say that you must attend "asistido de letrado", with a lawyer.
If you are summoned as a suspect (investigado)
- You have the right to know what you are accused of and to see the case file through your lawyer.
- You can make a statement, answer only some questions or remain silent.
- You have the right to a free interpreter. See interpreter rights.
- Your lawyer can ask for the statement to be moved to another date if there is a valid reason.
If you are summoned as a witness
Witnesses must attend and tell the truth: lying under oath is the offence of false testimony. You do not need a lawyer, although it can help if you are worried that your statement could incriminate you or a close family member, who you may be exempt from testifying against.
If you live outside Spain
The court can send a request to the courts of your country to take your statement, or allow you to appear by videoconference. Within the EU, the European Investigation Order makes this easier. Your lawyer can make the request and agree the arrangements. See leaving Spain during a criminal case.
If you cannot attend
Inform the court in advance, through a lawyer, with the reason and supporting documents. Courts generally accept justified absences and set a new date.
If you have already missed a summons
Do not wait to be arrested. A lawyer can check whether a warrant has been issued and arrange a voluntary appearance, which usually leads to the warrant being withdrawn. See European arrest warrants.
A practical example
A Swiss businessman received a summons as investigado for a fraud complaint by a former partner in Mallorca. We obtained the case file, prepared his statement with the contracts and transfers, and arranged for him to give it by videoconference from Zurich. The judge dismissed the case. Read how a criminal case works in Spain. More information on the firm's main website: criminal law at Castell Abogados.
Before you sign or say anything, call a lawyer
In a Spanish criminal case, what happens in the first hours shapes everything else. Call or WhatsApp us and an English-speaking criminal lawyer will tell you, in confidence, what to do next.
Questions about Spanish court summonses
What does investigado mean in a Spanish summons?
It means you are a suspect under investigation. You have the right to a lawyer and to remain silent.
Do I have to travel to Spain for a summons?
Not always. Your statement can often be taken by videoconference or through the courts of your country.
What happens if I ignore a Spanish court summons?
If you are a suspect, the court can issue a search and arrest warrant.
Do I need a lawyer as a witness?
It is not compulsory, but it can be useful if your statement could affect you.