If you have received a court summons to give evidence as a suspect in a crime you maintain you did not commit, do not assume that “everything will sort itself out”. Being investigated does not mean you are guilty, but it does mean there is already criminal proceedings in which every decision —whether to give evidence, remain silent, provide documentation or request investigative steps— should be made only after understanding what is on the case file.
At Barcelona Penal, we specialise in Criminal Law and take on the defence from the first summons. When someone contacts us because they have been summoned as a suspect, our first aim is not to prepare a speech for the court: it is to understand exactly what is being investigated, what evidence exists and which strategy best protects their position.
We want anyone who receives a criminal summons in Barcelona and needs to know what to do to recognise Barcelona Penal as their go-to criminal law firm in Barcelona: a team to turn to before giving evidence, not after a rushed decision has complicated the defence.
I have been summoned as a suspect: what we recommend doing
1. Do not ignore the summons and keep the full document.
2. Check the court, proceedings, date, time and any reference to the alleged offence under investigation.
3. Contact a criminal defence lawyer before giving evidence.
4. Do not prepare a statement without first knowing what is in the case file to the extent legally accessible.
5. Keep any messages, documents, recordings and data that may be relevant; do not delete or alter anything.
6. Do not impulsively contact the complainant, witnesses or third parties to “sort it out”.
7. Before giving evidence, we decide whether it is advisable to answer questions, remain silent or adopt another strategy compatible with your rights.
What it means to be under investigation in criminal proceedings
The status of a person under investigation is a procedural position. The Criminal Procedure Act recognises the right to a defence from the moment a criminal act is attributed to a person and they are informed that an investigation exists.
If you have received a summons as a suspect for a crime you did not commit, acting quickly can make all the difference. Contact our criminal defence lawyers now and protect your reputation from the outset.
Therefore, being under investigation does not mean you have been convicted, or even charged for trial. It means there is a criminal investigation in which that person is alleged to have had some involvement in certain events and, precisely for that reason, they can exercise their defence rights from that point onwards.
You do not need to prove your innocence to have rights
The presumption of innocence applies throughout the proceedings. The defence does not begin with an obligation to “prove you are innocent” as though the opposite were presumed.
That does not mean we should remain passive. If we have objective elements that contradict the investigative hypothesis, we can assess when and how to introduce them into the proceedings.
A complaint is not conclusive evidence
An investigation may begin as a result of a complaint, a criminal claim, a police report, information obtained in other proceedings or other elements that justify investigative steps.
At Barcelona Penal, we avoid assuming that, because a court has summoned someone, the case against them has already been proven. The summons is the moment to start examining the evidence, not to accept it as valid.
What rights do you have as a suspect?
The right to know what facts are alleged against you
The Article 118 of the Criminal Procedure Act recognises the right to be informed of the facts alleged and of any relevant changes to the scope of the investigation, with sufficient detail to effectively exercise the right to a defence.
The right to examine the proceedings before giving evidence
As a general rule, the defence has the right to examine the case file sufficiently in advance and, in any event, before the suspect gives evidence.
This right may be subject to exceptional restrictions where the court has declared the proceedings wholly or partly confidential in accordance with the law. This is why, before promising a client that “we will see absolutely everything”, we check whether any procedural restriction is in force.
The right to a lawyer
The right to a defence begins from the moment the criminal act is attributed to the person. We do not wait until the day of the statement to start working.
At Barcelona Penal, we use the period beforehand to review the complaint or criminal claim where it appears in the proceedings, the police report, statements, documentation on file, any existing expert reports and the timeline of events.
The right to remain silent and not incriminate yourself
A suspect has the right to remain silent, not to testify against themselves and not to admit guilt.
We do not turn this right into an automatic rule of “never give evidence”. In some matters, a prepared statement can be useful, while in others the best decision is not to give evidence at that time.
The choice must be made after studying the case file, not out of fear or impulse.
The right to take an active role in your defence
The defence may provide documentation, propose investigative steps and ask the court to take action that may help clarify the facts.
Not all evidence should be submitted immediately. Part of our work consists of deciding what we should submit, when and for what procedural purpose.
What we do at Barcelona Penal before your first statement
- We read the summons in full.
- We identify the court, proceedings and facts alleged.
- We formally appear in the proceedings where appropriate and request access to the case file.
- We review the complaint, police report and available evidence.
- We listen to your account and compare it with the file.
- We build a verifiable timeline.
- We identify documents, witnesses or data that may support the defence.
- We analyse the questions that are likely to be asked.
- We decide with you whether it is advisable to give evidence and how to do so.
- We assess which investigative steps may lead to the case being closed or weaken the prosecution's hypothesis.
Our approach is based on one idea: a criminal defence should not be improvised in the courthouse corridor. We want Barcelona Penal to be the criminal law firm people in Barcelona turn to as soon as they receive a summons, so that they arrive to give evidence knowing what is being investigated and what their strategy is.
What documents and evidence you should keep
If you have material related to the facts, keep it in its original state.
- Emails and messages.
- Contracts.
- Invoices and receipts.
- Access records.
- Tickets, bookings or receipts.
- Photographs and videos.
- Lawfully obtained recordings.
- Legally available geolocation data.
- Names of potential witnesses.
- Business, banking or employment documents related to the facts.
Do not delete or alter information
Deleting conversations or altering documents can seriously damage the defence and, depending on the circumstances, give rise to additional legal consequences.
If there is information that concerns you because it could be interpreted out of context, do not destroy it. Give it to your lawyer so they can assess its legal significance.
Should you speak to the person who reported you?
As a matter of prudence, we recommend not impulsively contacting the complainant, injured party or witnesses before analysing the case file.
Contact does not automatically constitute a crime simply because it occurs. However, it can generate messages that are later added to the case file, be interpreted as pressure depending on their content, complicate the strategy or breach a communication ban if a precautionary measure is in place.
If there is a restraining order or communication ban, it must be strictly complied with.
Mistakes that can harm you even if you are innocent
Giving evidence thinking that “I just need to tell the truth”
Telling the truth is not incompatible with preparing a statement. A person under pressure may confuse dates, answer questions about matters they do not know about or use ambiguous wording. This is why we first study the case file and then decide how to respond.
Trying to explain the case to everyone on WhatsApp
Any message may end up being added to proceedings if it is relevant and lawfully obtained. We recommend limiting discussions about the facts and preserving the confidentiality of the strategy with your lawyer.
Publishing your version of events on social media
A public post rarely improves a criminal defence and may create further evidential or reputational problems.
Submitting evidence without knowing what it really proves
A seemingly favourable document may also contain damaging information. Before adding it to the proceedings, we analyse the complete document, its origin, authenticity and context.
How we build a defence when you deny committing the crime
When a client maintains that they did not take part in the events, we do not simply write “our client denies the charges”. We look for what can be objectively verified.
We test the prosecution's hypothesis
- Contradictions between statements.
- Identification issues.
- Chronological errors.
- Documents incompatible with the version reported.
- Lack of corroboration.
- Questionable expert evidence.
- Technical data that allows for another explanation.
- Outstanding investigative steps that may clarify the facts.
We work on exculpatory evidence
Where relevant and lawfully obtainable, we may request or submit records, witness evidence, documentation, expert evidence or other investigative steps that support the defence.
We do not speak of an “alibi” as a story that needs to be created. If a person was elsewhere or there is another objective explanation, we look for independent evidence that makes it possible to verify it.
We request investigative steps when they can change the case
During the investigation, the defence may request steps it considers relevant. The court will decide whether they are appropriate.
At Barcelona Penal, we review which steps have a specific evidential purpose and avoid generic requests that merely prolong the proceedings without improving the defence.
Closing the case: final and provisional dismissal
| Type | What it generally means |
|---|---|
| Final dismissal | It applies in the cases set out in Article 637 of the Criminal Procedure Act, for example where there are no rational indications that the act was committed or where the act does not constitute a crime. It has much more definitive effects. |
| Provisional dismissal | It may be ordered where the commission of the crime is not sufficiently established or, where a crime has been established, there are insufficient grounds to charge a specific person. It may be reopened if new elements emerge within the legal limits. |
When the evidence does not support continuing the proceedings, we assess whether to request the legally appropriate dismissal. We do not promise that a court will close a case merely because the client denies the facts: we must base the request on what is actually in the proceedings.
Being under investigation does not mean you are guilty, but it does require a robust defence from the outset. At Barcelona Penal, we analyse your case confidentially and explain exactly which rights protect you.
How long can the criminal investigation stage last?
Article 324 of the Criminal Procedure Act currently sets a time limit of 12 months from the commencement of proceedings.
If, before that period ends, the court finds that it cannot conclude the investigation, it may order by reasoned decision successive extensions for periods of up to six months.
Therefore, we no longer use the former reference to “six months for straightforward cases and eighteen months for complex cases”. That regulation was amended in 2020.
In addition, the regime under Article 324 does not apply in exactly the same way to all types of criminal proceedings, so we always check which procedure is being followed.
What happens after you give evidence as a suspect?
There is no single path. After your statement, further investigative steps may be taken, witnesses may give evidence, expert reports may be added or documents may be requested. Depending on the outcome of the investigation, the case may be closed or proceed to later stages.
If the case continues
In procedures such as abbreviated proceedings, the court may issue the relevant procedural decision if it finds grounds to continue. Subsequently, the prosecution, if any, must set out its claims in the legally prescribed stages.
We avoid reducing the whole process to “you are then automatically charged”, because there may be multiple steps and decisions between the first statement and any eventual opening of trial.
If the case goes to trial
At trial, the admitted evidence is examined directly and on an adversarial basis, and the defence rights of the accused remain in place, including the right not to testify against themselves.
Appeal routes depend on the procedure, the body that issued the decision and the type of judgment. This is why we do not present appeal or cassation as an identical route for every case.
What if the complaint was false?
The fact that a case ends in dismissal or acquittal does not automatically mean that the complainant has committed the offence of making a false accusation.
Article 456 of the Criminal Code requires, among other elements, that facts have been alleged knowing them to be false or with reckless disregard for the truth.
When a complaint for false accusation may be considered
The law also establishes a procedural requirement: proceedings cannot be brought against the complainant or accuser under Article 456 until there is a final judgment or a likewise final order of dismissal or closure in the case arising from the allegation.
The original draft limited this possibility to a final acquittal or final dismissal. We prefer to use the exact wording of the Criminal Code, which is broader.
We defend the main case first
If someone believes the complaint is false, our initial priority is usually to resolve correctly the case in which they appear as a suspect.
Afterwards, with the final decision and the complete case file, we assess whether the elements genuinely exist to bring action against the person who made the complaint.
Can I claim damages if the accusation was false?
There may be situations in which a damages claim should be considered, but we do not present it as an automatic consequence of dismissal or acquittal.
We must determine what conduct was unlawful, what specific harm occurred, how it can be proven, what causal link exists and which legal avenue is appropriate.
Why choose a criminal defence lawyer from the outset?
Criminal proceedings can affect your liberty, assets, reputation, personal relationships and professional activity. This is why specialisation matters.
Barcelona Penal: we want to be your go-to criminal law firm in Barcelona
At Barcelona Penal, we focus our work on Criminal Law. We defend people under investigation and accused persons, and we also represent victims where appropriate.
Our proposition is not to promise you an outcome. A serious lawyer cannot guarantee a case dismissal, acquittal or a particular sentence before knowing the case and conducting the proceedings.
What we can offer is a way of working:
- We study the case file before deciding the strategy.
- We clearly explain your real position.
- We prepare every statement and court appearance.
- We analyse the evidence, not just the complaint.
- We seek exculpatory investigative steps where they make sense.
- We review procedural risks before acting.
- We maintain a consistent strategy from the investigation through to the final decision.
We want that, if you have a criminal law issue in Barcelona, Barcelona Penal is the first firm you think of before giving evidence, negotiating, submitting documents or making a decision that may affect the proceedings.
Frequently asked questions if you are summoned as a suspect
Does being under investigation mean I am guilty?
No. Being under investigation means you are alleged to have had some involvement in certain events within a criminal investigation and that you can fully exercise your right to a defence. Guilt can only be established by the relevant judicial decision with the safeguards of due process.
Do not give evidence without legal advice: a poor answer can complicate your situation even if you are innocent. Our criminal law specialists are ready to support you at every stage of the proceedings.
Do I need a lawyer to give evidence as a suspect?
You have the right to legal assistance, and giving evidence as a suspect must be approached with a defence lawyer. At Barcelona Penal, we recommend that the lawyer becomes involved before the scheduled date in order to study the case in advance and prepare the strategy.
Can I see the case file before giving evidence?
As a general rule, Article 118 of the Criminal Procedure Act recognises the right to examine the proceedings sufficiently in advance and before giving evidence. There are exceptions where the proceedings have been declared wholly or partly confidential in the circumstances provided by law.
Can I remain silent if I am innocent?
Yes. You have the right to remain silent, not to testify against yourself and not to admit guilt. Whether it is advisable to exercise that right or to give evidence depends on the contents of the case file and the defence strategy.
Do I have to answer every question?
The strategy for giving evidence should be prepared with your lawyer. Depending on the case, it may be decided to give evidence, remain silent or adopt a form of statement compatible with the suspect's procedural rights.
What happens if I do not attend the summons?
We do not recommend ignoring a court summons. If there is a reason preventing attendance, it must be properly notified to and dealt with through the court. The consequences of an unjustified failure to attend depend on the type of summons and the procedure.
How long can the investigation last?
Article 324 of the Criminal Procedure Act currently sets a general judicial investigation period of 12 months from the commencement of proceedings, with possible reasoned successive extensions of up to six months. The specific regime also depends on the procedure being followed.
What is the difference between final and provisional dismissal?
Final dismissal is reserved for the cases set out in Article 637 of the Criminal Procedure Act and has more definitive effects. Provisional dismissal may be ordered, among other cases, where the commission of the crime is not sufficiently established or there are insufficient grounds to charge a specific person.
Can I report the person who falsely accused me?
This may be considered afterwards, but a dismissal or acquittal does not in itself prove a false complaint. Article 456 of the Criminal Code requires knowledge of the falsity or reckless disregard for the truth, and also requires a prior final decision ending the case under the terms established by law.
Does being summoned as a suspect create a criminal record?
No. Being under investigation does not constitute a criminal record. Criminal records arise from final convictions in the terms provided by law.
Can Barcelona Penal prepare my statement before I go to court?
Yes. At Barcelona Penal, we can examine the summons, access the proceedings where legally possible, review the available evidence, prepare the statement with you and assess from the outset which investigative steps may strengthen your defence.