The criminal case, step by step — Episode 1. Updated on November 3, 2026. See the contents of the series.
You received one summons to the police or the prosecutor's office And you don’t know why you’re being summoned? First check the quality of the way you should present yourself, the date and place of the hearing. A summons does not establish guilt and does not in itself mean that you will be detained or arrested. You may be summoned because you have information about an offense or because you suffered an injury.
Do not ignore the summons. Keep the document, envelope or message received and prepare the presentation according to the procedural status requirements. If there is any ambiguity, ask the issuing institution for explanations and discuss the matter with a lawyer before the hearing.
What you check in a police or prosecutor's summons
Read the full document, including the provisions regarding the lawyer and the consequences of failure to appear. Article 258 of the Code of Criminal Procedure regulates the content of the summons. In practice, it checks:
- the issuing institution, its registered office and the file number;
- your name and the quality in which you are cited;
- the subject matter of the case and the information about the fact indicated in the document;
- the day, time and exact place of the presentation;
- any documents you are asked to bring.
A mistake or omission must be analyzed concretely. Do not decide on your own that you can miss out because an element seems wrong. To verify authenticity, use the official institution’s number, identified independently, especially if the message asks for personal data, money, or access to a link.
Witness, suspect, defendant or injured person?
The witness reports relevant facts or circumstances that he/she knows about. In principle, he/she has the obligation to present himself/herself and to tell the truth, with respect for the right to not incriminate oneself and for legal exceptions.
The suspect is the person in respect of whom the data and evidence available substantiate a reasonable suspicion that he/she has committed an act stipulated by the criminal law. The defendant he/she is the person against whom the criminal action was initiated. These qualities do not equate to a conviction.
The suspect and the defendant have the right to know the charge and legal classification, to be assisted by a lawyer, and not to make statements about the facts. If they choose to testify, what they say can be used as evidence. The right to silence does not eliminate legal obligations regarding identification and presentation.
The injured person he/she suffered physical, material or moral harm as a result of the criminal act. He/she may provide evidence and may benefit from legal assistance. If he/she seeks compensation, the conditions for constituting civil party must be examined separately.
If you were called by phone or text message
Article 257 of the CPP also allows for citation by telephone note, with the preparation of a record. The Code also regulates electronic citation, under its specific conditions. Therefore, the absence of a paper envelope does not automatically justify ignoring the summons.
Request the name and function of the person contacting you, the unit, the case number, the procedural status, the date and address of the presentation. Verify the information through an official channel. The legality of the electronic citation and the proof of communication are assessed in accordance with the applicable procedure and the concrete documents; an unclear message should not be automatically mistaken for a legally valid citation.
You can't get to the hearing: how to proceed
Inform the judicial authority as soon as possible. Explain the reason, request another date and submit the available supporting documents. Keep the request and the proof of referral. A medical condition may require documentation showing the impossibility of attending; the mere existence of an appointment does not automatically resolve the problem.
The request for rescheduling does not itself postpone the hearing. Check the answer and do not assume that the date has changed. If the impediment persists, communicate it in writing. The justified nature of the absence is assessed by the competent body.
Failure to appear and the summons to appear
The consequences vary according to the procedural status. Article 283, paragraph (2) of the CPP concerns the unjustified absence of the witness and the injured person, the civil party or the party liable for civil damages who is called upon to give testimony. These situations may lead to a judicial fine. The rule should not be automatically extended to the suspect or the defendant.
Under Article 265 of the CPP, a warrant of arrest can be issued if the person mentioned above is absent without justification, and presence or hearing is necessary. The law also provides for other situations, including failure to receive the summons; for a suspect or defendant, the warrant can be issued under certain conditions and without prior summoning.
The arrest warrant seeks the presentation before the judicial authority; it is not an arrest warrant. Any preventive measure requires its own legal conditions. Not every absence automatically leads to arrest.
You can come with a lawyer and if you are a witness
Yes. According to Article 118, paragraph (4) of the CPP, if the witness appears with a lawyer, the lawyer may assist in the hearing. Consulting with the lawyer is useful especially when the questions may concern the witness’s own conduct.
The witness has the right not to testify about facts that would incriminate him, and the judicial body must communicate this right to him before each hearing. This protection does not constitute an unlimited right to refuse any question. There are also categories of persons who may refuse testimony under Article 117 of the CPP; the relationship with the suspect or defendant must be clarified.
Outside of legal exceptions, the witness must tell the truth. They must not fabricate details and must not present assumptions as certain memories. If you do not remember, say so. Do not coordinate your statement with other people.
What you prepare and what you check before signing
Present the identity document, the subpoena and the requested documents. You can prepare a chronology of events, messages, contracts or relevant photos for the discussion with the lawyer. Keep the originals and the data in their original form; do not modify or destroy evidence.
Read the full statement before signing. Check the name, dates, sequence of events, and the nuances of the answers. Request corrections, additions, or the recording of objections if the text does not reflect what you said. Notify in advance of the need for an interpreter or a medical issue affecting the hearing.
If the retention or consultation of the file is discussed
Interrogation is distinct from citation and may be ordered, under the law, for a maximum of 24 hours after the hearing in the presence of the lawyer. You are requested to be informed about the measure, the reasons and your rights.
The review of the case is carried out in accordance with Article 94 of the CPP. There may be justified restrictions during the criminal investigation; access must not be automatically unlimited or generally prohibited. The lawyer can review the documents and take appropriate steps based on the situation.
Hypothetical example
Ana is cited as a witness about an incident at work. On the day of the hearing she has a medical intervention. She immediately sends a reasoned request and the available evidence, then checks the response. At the hearing, a question concerns her own conduct and may have criminal consequences for her. Ana raises the issue and exercises her rights with legal assistance. The solution depends on the real circumstances, not just the label of „witness”.
Frequently asked questions
If I am a witness, does the presence of the lawyer turn me into a suspect?
No. The lawyer's assistance does not automatically change the procedural status and does not remove the legal obligations of the witness.
If I am a suspect, do I have to explain everything immediately?
You can refrain from making statements about the facts and discuss with your lawyer before deciding how to exercise your defense.
Can the lawyer represent me?
Assistance or representation does not automatically replace personal presence when you are summoned for an hearing. Check the purpose of the summons and the instructions of the judicial body.
Can I leave if I have waited long?
He requests clarification and permission from the judicial body before leaving the hearing venue. He does not consider the delay to invalidate the summons.
Discuss the subpoena with a lawyer before the deadline
For the analysis of the summons and the preparation of the hearing, contact the office at 0732.710.701 or by Contact page. General explanations must be reported in relation to the documents and the concrete situation.
Legal references: The Code of Criminal Procedure, Articles 4, 77, 82–83, 94, 108–110, 117–120, 209, 257–258, 265 and 283. The text of the Code can be consulted on Legislative Portal; For the modification of the witness guarantees, see Law no. 201/2023.
In continuation of the series: Episode 2 — The police called you: what to do before you show up. Back to the point.
