A criminal summons does not mean that you are guilty. It summons you to appear before a criminal investigation body or the court, and the appropriate steps depend primarily on the status of the person being summoned: witness, injured person, suspect, defendant, or other party.
What you check on the summons
Read the full document and note the issuing institution, the case number, the reason for the summons, the subject of the case, the date, time, place, and the consequences of the non-appearance. The summons must include information about the deadline and relevant rights. If you are a suspect or defendant, you must also indicate the legal classification and the crime being investigated. If you have doubts about the authenticity, verify the contact details of the institution from an official source, not just from the document.
Check if the date and address are correct. The suspect or defendant must communicate to the judicial authority, within a maximum of three days, the change of the address where they live; otherwise, the documents sent to the previous address may remain valid under the law.
If you are a suspect or an accused person
You have the right to be informed of the offense and the legal charges against you, to be assisted by a lawyer and not to make any statements. You can consult the file under the terms of the Code of Criminal Procedure and you can submit evidence. Before the hearing, the judicial body must inform you of your rights and obligations. Do not sign a statement that you have not read or that does not accurately reflect what you have said; ask for clarification and the recording of your objections.
You can request the assistance of an attorney chosen before the hearing. In certain situations provided by law, legal assistance is mandatory and you are assigned a lawyer by default if you have not chosen one. Do not make an impromptu statement just because you received a summons or because you want to quickly clarify the situation.
If you are cited as a witness
The witness generally has the obligation to appear and to declare the truth. However, the right to silence and to not incriminate oneself protects them if their answers could incriminate them; the Constitutional Court has established that this guarantee applies to the witness as well. If the questions may concern their own conduct, ask for clarification about your rights and discuss it with a lawyer before making a statement. Do not fabricate facts and do not try to match the answers with assumptions about the case.
What happens if you don't show up?
Do not ignore the summons. Under the law, if a person cited does not appear without justification and their presence is necessary, a summons may be issued. For a suspect or defendant, the summons may also be issued before the summons is served if the measure is necessary to resolve the case. These consequences do not automatically occur in every situation: check the reason for the absence and the applicable procedure.
If you have a serious reason why you cannot make it, contact the issuing body promptly using official data and keep a record of the request. Do not assume that an informal conversation cancels the deadline; ask for confirmation of how the absence is rescheduled or justified.
Useful steps before the deadline
- keep the citation and the envelope or proof of communication;
- confirms the procedural status and the date of the submission;
- prepare the identity document and the requested documents;
- if you are a suspect or defendant, discuss the matter with a lawyer before the hearing;
- He does not delete messages or documents and does not contact witnesses to influence their statements.
For information about assistance in criminal cases, consult the page Criminal lawyer Bucharest.
Legislation
Criminal Procedure Code – Articles 83, 89, 108, 257–259 and 265 regarding the warrant of arrest and Constitutional Court Decision No. 236/2020 regarding the witness's right to remain silent and not incriminate himself. Consult the current form and the reporting of the rules in the specific case file.
