The criminal case, step by step — episode 2
Updated on November 4, 2026

The police called you and you were told to come to the police station „for a few questions”? Before drawing any conclusions, clarify who is calling you, in what procedure and in what capacity. Not every call is a criminal summons, but the absence of a document does not mean that you can ignore a legitimate phone summons.

In this episode we explain what to ask on the phone, how to check the call and what to prepare before the presentation. For the written document, read on too Episode 1: the citation to the police or the prosecutor's office.

Administrative summons or telephone summons in a criminal case?

There are two situations that must be distinguished. According to Article 31, paragraph (1), letter c) of Law no. 218/2002, the police may invite persons whose presence is necessary for the performance of their duties to the headquarters, by notifying them: in writing the purpose and reason for the invitation. If this is the context of the summons, request this information in writing.

In a criminal case, Article 257, paragraph (1) of the Code of Criminal Procedure allows for summoning by telephone note, for which the judicial body prepares a record. Therefore, it is not always necessary to receive a paper summons as well. However, not every conversation with a police officer is, in itself, a legal summons: the procedural framework and the communicated data matter.

You can request a written confirmation of the information, without assuming that the request suspends the summons. If there are any ambiguities regarding the citation, they must be verified in relation to the documents in the case file.

What are you asking if the police called you?

Write down the information, instead of relying on memory. A calm discussion can clarify from the beginning:

  • the name, function and unit of the person contacting you;
  • if it is an administrative invitation or a summons in a criminal case;
  • the case number, if any, and the quality of the summons;
  • date, time, location and person to whom you must present yourself;
  • the possible documents requested and the way to communicate an objection.

Ask explicitly: „Am I being called as a witness, a victim, a suspect, or an accused person?” The phrase „just a few questions” does not establish your rights and obligations. Nor does the fact that you are being called constitute an accusation or a conviction.

How to check that the call is authentic

Seek the official data of the police unit independently and contact the central office or the indicated department. Request confirmation of the name and the call. Do not rely exclusively on the number displayed on the phone or on a number transmitted by the caller.

If you are asked for money, passwords, authentication codes, or bank details to „resolve the case”, stop the transmission of this information and verify the request through the official channel. Do not automatically access links received from an unknown number. Keep the messages and a note with the date, time, and content of the conversation.

Authenticity verification is a useful precaution. It should be done promptly so that a real call does not go unanswered.

Can't you get to the indicated date?

Notify as soon as possible the body that called you. Explain the concrete impediment and request a rescheduling, preferably in writing, through an official channel. Attach the available supporting documents and keep the proof of communication. A medical problem may require documents; a simple preference for a schedule is not automatically sufficient justification.

The request for rescheduling does not automatically postpone the hearing. Request an answer and confirmation of any new data. If you do not receive confirmation, check the status of the request. In case of actual impossibility, communicate the impediment and the evidence; the justified nature of the absence will be assessed according to the concrete situation.

Can you go with the lawyer? What rights do you have?

You can discuss with a lawyer before the presentation. The Procedural status matters decisively:

  • Witness: Article 118 of the CPP recognizes the right of a person not to declare facts or circumstances that would incriminate them. The judicial body must communicate this right to the person before each hearing. If they come accompanied by a lawyer, they may attend the hearing. Protection against self-incrimination does not mean a general refusal of any statement; there are also other legal exceptions, including for certain persons close to the suspect or accused person.
  • The suspect or defendant: They have the right to an attorney and the right not to testify, according to Articles 78 and 83 of the CPP. Before the hearing, the nature, the act, and the legal classification must be clarified, according to Article 108 of the CPP. They may consult with their attorney before and during the hearing.

Appearing for summons and the decision to give statements are different things. The right to remain silent does not remove the obligation to appear. For the witness, the obligation to tell the truth remains applicable within the limits of the law; do not invent answers to avoid a difficult question.

What you risk if you don't present yourself

In criminal proceedings, Article 283(2) of the CPP allows for a fine of 250–5,000 lei to the witness, the injured person, the civil party or the civilly responsible party who is absent without justification when summoned to give statements. This sanction does not automatically transfer to the suspect or the accused for mere absence.

Article 265 of the CPP regulates the summons, including for the aforementioned person who fails to appear without justification, when their presence is necessary. For a suspect or defendant, the summons can also be issued before the summons if it is necessary in the interest of resolving the case. The warrant for arrest is not an arrest. Arrest or detention involve separate conditions and acts; it does not result automatically from a phone call or absence.

In the matter of administrative summonses, the conditions of Law no. 61/1991 must be analyzed separately. Article 2, paragraph 31, among other things, addresses the refusal to appear at the police headquarters upon the request or justified invitation of the competent authorities in service; Article 3, paragraph (1), letter c) provides for a fine of 500–1,500 lei. A vague appeal does not automatically prove the fulfillment of the conditions of the offense.

Hypothetical example: verification before presentation

Andrei receives a call and is invited „for a few questions”. He notes the name and the unit, calls the official number and learns that he is summoned as a witness. He has a medical intervention on the same day: he immediately reports the postponement, sends the proof and requests another date. He checks the response, not considering the mere request as a postponement. Before the hearing he discusses with the lawyer, because some questions could also concern his own conduct. The example is illustrative; the solution depends on the documents and circumstances of each case.

Frequently asked questions

Can I request a paper summons if the police called you?

Yes, you can request clarification or written confirmation. However, the request does not cancel a telephone summons made under the conditions of Article 257 of the CPP.

Can I come with the lawyer if I am a witness?

Yes. Article 118, paragraph (4) of the CPP allows the lawyer who accompanies you to attend the hearing.

Do I have to explain everything during the call?

Clarify first the identity of the caller and the scope of the summons. For answers regarding the facts, the procedural status and applicable rights matter; you can seek advice before the hearing.

If I request a reschedule, can I consider that I no longer need to go?

Not automatically. Communicate the reason, keep the evidence and verify the response of the body that called you.

Prepare the presentation in advance

Take the identity document, the received document or message, and the legally required documents. Do not modify the relevant messages or written documents. Read the statement before signing and request the correction of errors. For the analysis of the summons and the preparation of the hearing, contact the office at 0732.710.701 or by Contact page.

See the contents of the serial „Criminal Case, Step by Step”. Continuă cu episodul 3: Martor în dosar penal — avocatul și neautoincriminarea.

Legal references

General information; the concrete situation is analyzed based on the documents in the case file.