All this without prejudice to the summons that are issued

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Personally notify the investigated person of certain resolutions, such as the order to open an oral trial together with the accusation documents. What rights do I have if I receive a notification as being investigated in a criminal proceeding? Every person who receives a summons as an investigator in a criminal process has a series of rights recognized. The most important are the following: Right to be informed of all the facts of which you are accused and of the relevant changes in the investigation in an understandable and accessible language. Issuance of the summons with sufficient time to exercise the right of defense. Right to act in your own defense in the process. Right to freely appoint a lawyer and request free legal assistance. The right not to testify against oneself and not to plead guilty. Right to remain silent and not to give a statement or not respond to one or some of the questions. Right to free translation and interpretation.

Consequences of ignoring a judicial summons as an investigator According to the provisions of article 967.2 LECrim, if those cited as parties, witnesses and experts do not appear or allege just cause for failing to do so, they may be punished with a fine of 200 to 2,000 euros when a minor crime is being prosecuted . When it is an abbreviated or ordinary procedure , article 175.5 LECrim will apply: a fine of 200 to 5,000 euros if it is the first appeal and being prosecuted as a defendant for the crime of obstruction of justice if it is the second. Furthermore, if the accused does not appear or justify his DM Databases absence, the appearance order may become an arrest order , according to the provisions of the LECrim article. However, the unjustified absence of the investigated person does not prevent the holding of the trial in absentia nor does it prevent the issuance of a sentence as long as the requirements of article 786 LECrim are met: That the accused has been summoned correctly, in accordance with legal requirements, and yet does not appear unjustifiably.



That the requested penalty does not exceed 2 years in prison (or 6 years when the penalty is of a different nature). That the Public Prosecutor's Office or the private prosecution , after hearing the defense, understand that sufficient elements exist for the trial to be held without the accused . He summons the people he deems necessary to appear before him. Orders the carrying out of any relevant procedure that may be carried out immediately or within the period established in article 799 LECrim. How do urgent procedures end? According to the provisions of article 798 LECrim, after carrying out one or some of the above procedures, the judge hears the Public Prosecutor's Office and the parties in person about the resolution to be adopted and about the request for precautionary measures . Once he has heard them, it is the judge who puts an end to the urgent proceedings by adopting one of the following decisions: The continuation of the speedy trial if the procedures carried out are considered sufficient.