The judicial summons as investigated

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The person investigated in a criminal proceeding is the person who is attributed with the alleged commission of a crime that is being investigated by the Judicial Authority. But how is the judicial summons of the investigated person carried out? We can help you At Dexia Abogados we are lawyers specializing in procedural law . If you need an office with extensive experience in Criminal Law, contact us and find out without obligation . CONTACT US What is judicial notification of the investigated? A subpoena is an official notification from a court ordering a specific person to appear in court on the specified date and time . The summons isr investigation to appear to give a statement before the judge, for the trial or for any other personal appearance. Normally, this letter is sent via certified mail with return receipt to the recipient's address. But, if the person under investigation does not have a known address, the investigating judge must order what is convenient to find out the address.

The most common thing is that the person investigated himself collects the notification. But, if you are not at home at the time the summons is issued, any relative or family member over 14 years of age who is at home can pick it up, and even a neighbor. In any case, they have the obligation to deliver the summons to the interested party under penalty of a fine . Summons and judicial summons are regulated in article 175 et seq. of the Criminal Procedure Law (in relation to articles 166 et seq. of the same Law). Requirements for judicial notification of the investigated The content that must DM Databases necessarily be included in the summons document , expressly included in article 175 LECrim, is the following: The court or tribunal that issues the resolution, the date and the cause in which it falls. The place, date and time in which the summoned person must appear. Name, surname and address. The purpose of the summons and the capacity in which it is summoned (investigated, complainant, witness or expert.



The obligation to attend the first call under penalty of a fine of 200 to 5,000 euros. And, if it is the second call, the obligation to attend under warning of being prosecuted as a defendant for the crime of obstruction of justice typified in article 463.1 of the Penal Code. How does the summons of the investigated party unfold its effects? The consequences of being summoned as an investigator are different if a minor crime is tried , a crime that initiates an abbreviated procedure or a crime that initiates an ordinary procedure. If it is a minor crime , the person under investigation may be summoned to make his first statement before the court on duty or to appear at the direct trial for a minor crime. On the other hand, if the summons is made as part of an abbreviated or ordinary procedure , there will necessarily be two summonses. In the first, the investigated person is summoned to testify before the investigating judge. Already in the oral trial phase , another summons is issued for the investigated person to appear at the oral trial.